F.G. Crosthwaite and Russell E. Burns et al v. Sierra Equipment Rental, Inc. et al

Filing 9

ORDER, Initial Case Management Conference set for 7/20/2012 02:30 PM in Courtroom 10, 19th Floor, San Francisco. Motions terminated: 8 MOTION to Continue CASE MANAGEMENT CONFERENCE filed by Operating Engineers Local Union #3 of the In ternational Union of Operating Engineers, AFL-CIO, Pension Trust Fund for Operating Engineers, Operating Engineers and Participating Employers Pre-Apprenticeship Apprentice and Journeymen Affirmative Action Training Fund, Heavy and Highway Committee, F.G. Crosthwaite and Russell E. Burns, Pensioned Operating Engineers Health And Welfare Fund.. Signed by Judge Susan Illston on 4/25/12. (tfS, COURT STAFF) (Filed on 4/25/2012)

1 Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Tel: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 F. G. CROSTHWAITE, et al., as Trustees of
of the OPERATING ENGINEERS’ HEALTH
11 AND WELFARE TRUST FUND, et al.
12
13

Plaintiffs,
v.

SIERRA EQUIPMENT RENTAL, INC., a
14 California corporation; and MEL WEIR,
individually,
15
Defendants.
16

Case No.: C12-0327 SI
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
DECLARATION OF BLAKE E.
WILLIAMS IN SUPPORT THEREOF
Date:
Time:
Ctrm:
Judge:

May 4, 2012
2:30 p.m.
10, 19th Floor
450 Golden Gate Avenue
San Francisco, California 94102
The Honorable Susan Illston

17
18

Plaintiffs respectfully request that the Case Management Conference scheduled for May 4,

19 2012, at 2:30 p.m., be continued for approximately 60 – 90 days, as follows:
20

1.

A Complaint was filed in this action on January 20, 2012, to compel Defendants’

21 compliance with their obligations under the Collective Bargaining Agreement to which they are
22 signatory.
23

2.

In or about January 2012, Defendants, through their counsel, indicated that they

24 would like to enter into a two year payment plan, with payments starting in April 2012.
25 Defendants owe over $175,000.00. Because of the substantial amount of debt and the length of
26 the payment plan, Plaintiffs’ Trustees rejected the request.
27

3.

On March 20, 2012, the Complaint, Summons, and all applicable court documents

28 were sent out for service on Defendants.
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-0327 SI

P:\CLIENTS\OE3CL\Sierra Equipment Rental\Pleadings\C12-0327 SI - Req to Continue CMC 042412.DOC

1

4.

Plaintiffs contacted Defendants’ counsel to accept service. However, Defendants’

2 counsel stated that he was not authorized to accept service on behalf of his clients. Plaintiffs also
3 attempted to serve Defendants at their place of business, but Defendants had moved out the prior
4 month. Plaintiffs are currently researching a residential address for service.
5

5.

The last day to serve Defendants is May 19, 2012. If Plaintiffs cannot locate

6 Defendants by that date, Plaintiffs will file a Request to Extend Time for Service.
7

6.

Therefore, there is nothing for the Court to consider at this time, and Plaintiffs

8 respectfully request that the Court continue the Case Management Conference for a period of 60 –
9 90 days to allow sufficient time to serve Defendants, and to allow time for Defendants’ to respond
10 to the Complaint. If the Court is not inclined to grant such an extension, Plaintiffs request that the
11 Case Management Conference currently scheduled for May 4, 2012, be continued for one week
12 because Plaintiff’s counsel will be out of town that day.
13

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

14 entitled action, and that the foregoing is true to the best of my knowledge and belief.
15

Executed this 23rd day of April, 2012 at San Francisco, California.

16

SALTZMAN & JOHNSON
LAWCORPORATION

17

By: ___________/s/________________
Blake E. Williams
Attorneys for Plaintiffs

18
19
20
21 IT IS SO ORDERED.
22

July 20
The Case Management Conference in this action is hereby continued to __________,

23 2012. All related deadlines are extended accordingly.
24
25 Dated: _________________
4/25/12
26

____________________________________
UNITED STATES DISTRICT JUDGE

27
28
-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-0327 SI

P:\CLIENTS\OE3CL\Sierra Equipment Rental\Pleadings\C12-0327 SI - Req to Continue CMC 042412.DOC