Pension Trust Fund for Operating Engineers et al v. Tractor Equipment Sales et al

Filing 13

ORDER GRANTING 12 MOTION to Continue CASE MANAGEMENT CONFERENCE AND ALL RELATED DEADLINES: Case Management Statement due by 8/17/2012. Initial Case Management Conference set for 8/24/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 5/30/12. (jjoS, COURT STAFF) (Filed on 5/30/2012)

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1 RICHARD C. JOHNSON (SBN 40881)
SHAAMINI A. BABU (SBN 230704)
2 JULIE A. OSTIL (SBN 215202)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 [phone]
[phone] – Facsimile
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 PENSION TRUST FUND FOR OPERATING
ENGINEERS; F.G. CROSTHWAITE and
11 RUSSELL E. BURNS, as Trustees,

Case No.: C 12-01056 JSW
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
ALL RELATED DEADLINES;
[PROPOSED] ORDER THEREON

Plaintiffs,

12
13 vs.

14 TRACTOR EQUIPMENT SALES, INC., a
California corporation, J.L. WHITE
15 INTERNATIONAL, INC., a California
corporation, TES ASSET MANAGEMENT
16 AND CONSULTING GROUP, a California
joint venture, and DOES 1-20
17
Defendants.
18

Date: June 22, 2012
Time: 1:30 p.m.
Courtroom 11, 19th Floor
Judge: The Honorable Jeffrey S. White

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20

Plaintiffs herein respectfully request that the Case Management Conference currently on

21 calendar for June 22, 2012, 1:30 p.m., and all related deadlines, including ADR deadlines, be
22 continued for 60 days, in anticipation of Plaintiffs filing a Request for Entry of Default and/or
23 amending the complaint to name new defendants.
24

1.

Good Cause exists for the request:

This action arises under the Employee

25 Retirement Income Security Act of 1974 (“ERISA”), as amended by the Multiemployer Pension
26 Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)), to recover withdrawal liability
27 amounts owed by Tractor Equipment Sales, Inc. and its controlled group members to Plaintiffs
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1 Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, and Russell E. Burns
2 (“Plaintiffs”).
3

2.

On March 1, 2012 Plaintiffs filed a Complaint in this matter.

4

3.

Service was effectuated on Defendants Tractor Equipment Sales, Inc., a California

5 corporation, J.L. White International, Inc., a California corporation, and TES Asset Management
6 and Consulting Group, a California joint venture, by personal service on Jim White, authorized
7 agent and/or officer for each Defendant on April 9, 2012. A proof of service was filed on April
8 19, 2012 (Docket 10).
4.

9

Defendant Tractor Equipment Sales, a California corporation, filed a Chapter 7

10 Bankruptcy in the U.S. Bankruptcy Court, Northern District of California, on May 14, 2012.
11 Plaintiffs will be filing a Notice of Automatic Stay as to this Defendant. However, Plaintiffs are
12 trying to determine if any other Defendants are also affected by this bankruptcy.
5.

13

As of the date of the filing of this request Defendants have failed to file a Response

14 to the Complaint and the time to do so has expired.
6.

15

Plaintiffs’ counsel has been contacted by Jim White, authorized agent for the

16 named defendants, regarding the lawsuit. Mr. White has provided information that may lead to
17 plaintiffs dismissing certain defendants and amending the complaint to add others. Plaintiffs will
18 need additional time to investigate and verify the information provided by Mr. White and amend
19 the complaint accordingly if needed, and/or take the non-responding defendants’ default if
20 necessary.
7.

21

Since no defendants have appeared in the action, there is no need to hold a Case

22 Management Conference or elect an ADR procedure.
23
Therefore, plaintiffs respectfully request that the Case Management Conference currently

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scheduled for June 22, 2012, and all of its associated deadlines, be continued for 60 days in
anticipation of Plaintiffs filing a Request for Entry of Default and/or amending its complaint
and/or dismissing certain defendants.
///

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1

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

2 entitled action, and that the foregoing is true of my own knowledge.
3

Executed this 29th day of May, 2012, at San Francisco, California.
SALTZMAN & JOHNSON LAW CORPORATION

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5

By: ____________/S/____ _______________
Julie A. Ostil
Attorneys for Plaintiffs

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ORDER

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10 IT IS SO ORDERED.
11

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case

12 Management Conference is hereby continued to August 24, 2012

at 1:30 p.m. All related

13 deadlines, including ADR deadlines, are extended accordingly.
14
May 30, 2012
15 Date: ____________________
16

_________________________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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1

PROOF OF SERVICE

2 I, the undersigned, declare:
I am a citizen of the United States and am employed in the County of San Francisco, State

3

4 of California. I am over the age of eighteen and not a party to this action. My business address is
5 44 Montgomery Street, Suite 2110, San Francisco, California 94104.
On May 29, 2012, I served the following document(s):

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7

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ALL
RELATED DEADLINES; [PROPOSED] ORDER THEREON

8
9 on the interested parties to this action, in the manner described as follows, addressed as below:
10 XX
11
12
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MAIL by placing the envelope for collection and mailing on the date shown above
following our ordinary business practices. Being readily familiar with this business’s
practice for collecting and processing correspondence for mailing, on the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course
of business with the United States Postal Service in a sealed enveloped with postage fully
prepaid.

14 Tractor Equipment Sales, Inc
C/O Glenn Dagman, Agent for Service of
15 Process
705 Tully Road
16 San Jose, CA 95111

J.L. White International, Inc.
C/O Jim L. White, Agent for Service of Process
705 Tully Road
San Jose, CA 95111

17 TES Asset Management and Consulting Group
18 C/O Jim L. White
705 Tully Road
19 San Jose, CA 95111
20
21

I declare under penalty of perjury that the foregoing is true and correct and that this

22 declaration was executed on this 29th day of May, 2012, at San Francisco, California.
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_______________/S/_________________
Barbara Savino

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