Crosthwaite et al v. Ross Island Sand & Gravel Co.

Filing 15

ORDER re 14 MOTION to Vacate REQUEST TO VACATE, OR IN THE ALTERNATIVE, CONTINUE CASE MANAGEMENT CONFERENCE filed by F. G. Crosthwaite,et al. Initial Case Management Conference reset for 9/13/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 7/9/2012. (beS, COURT STAFF) (Filed on 7/9/2012)

Case3:12-cv-01464-CRB Document14 Filed07/06/12 Page1 of 3

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 the
OPERATING ENGINEERS’ HEALTH AND
11 WELFARE TRUST FUND, et al.
Plaintiffs,

12
13

v.

14 ROSS ISLAND SAND & GRAVEL CO., a
California corporation, aka ROSS ISLAND,
15 INC.,

Case No.: C12-1464 CRB
REQUEST TO VACATE, OR IN THE
ALTERNATIVE, CONTINUE CASE
MANAGEMENT CONFERENCE
Date:
Time:
Location:

Friday, July 13, 2012
8:30 a.m.
Courtroom 6, 17th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Charles R. Breyer

Defendant.

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17
18

Plaintiffs herein respectfully request that the Case Management Conference currently on

19 calendar for Friday, July 13, 2012 at 8:30 a.m. be vacated, or in the alternative, be continued for
20 45 – 60 days and held concurrently with the Motion for Default Judgment’s hearing date that
21 Plaintiffs anticipate filing as set for below:
22

1.

As the Court’s records will reflect, this action was filed on March 23, 2012 to

23 compel Defendant’s compliance with the terms of their Collective Bargaining Agreement. Service
24 on Defendant was completed on March 30, 2012. A Proof of Service of Summons was filed with
25 the Court on April 12, 2012. [Docket No. 9.]
26

2.

On May 16, 2012, default was entered against Defendant in this matter. [Docket

27 No. 12.]
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-1REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Case No.: C12-1464 CRB
P:\CLIENTS\OE3CL\Ross Island Sand & Gravel Company\Pleadings\C12-1464 CRB - Request to Continue CMC 070612.docx

Case3:12-cv-01464-CRB Document14 Filed07/06/12 Page2 of 3

1

3.

Plaintiffs have prepared a Motion for Default Judgment. However, the collections

2 manager is out of town until July 16, 2012, and therefore cannot sign his declaration in support of
3 the Motion. Once we receive his signed declaration, Plaintiffs will file the Motion. Accordingly,
4 Plaintiffs respectfully request that the Case Management Conference, currently scheduled for July
5 13, 2012, be vacated, or in the alternative, be continued for 45 – 60 days and held concurrently
6 with the Motion for Default Judgment’s hearing date.
7

4.

There are no issues that need to be addressed at the currently scheduled conference.

8

I declare under penalty of perjury that the foregoing is true and correct of my own personal

9 knowledge and if called upon to testify, I could competently testify thereto.
10

Executed this 6th day of July, 2012, at San Francisco, California.

11

SALTZMAN & JOHNSON
LAW CORPORATION

12
______________/s/_________________
Blake E. Williams
Attorneys for Plaintiffs

13
14
15
IT IS SO ORDERED:

The Case Management Conference in this matter shall be vacated;

18

8:30 a.m. on
September 13
The Case Management Conference shall be continued to ____________________________, 2012
at 8:30 a.m., and all other previously set dates shall be vacated, and reset at that time as necessary.

21

24
25

RT

27

UNITED STATES DISTRICT COURT JUDGE

DERED

O OR
IT IS S

. Breyer

arles R
udge Ch

NO

26

Dated: ________________________
July 9, 2012

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23

S DISTRICT
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_______________________________________

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R NIA

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or in the alternative,

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19

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-2REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Case No.: C12-1464 CRB
P:\CLIENTS\OE3CL\Ross Island Sand & Gravel Company\Pleadings\C12-1464 CRB - Request to Continue CMC 070612.docx

Case3:12-cv-01464-CRB Document14 Filed07/06/12 Page3 of 3

PROOF OF SERVICE

1
2 I, the undersigned, declare:

I am employed in the County of San Francisco, State of California. I am over the age of

3

4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
6

On July 6, 2012, I served the following document(s) on the parties to this action in the

7 manner described below:
8

REQUEST TO VACATE, OR IN THE ALTERNATIVE, CONTINUE CASE
MANAGEMENT CONFERENCE

9
XX
10
11

U

MAIL, being familiar with the practice of this office for the collection and the processing
of correspondence for mailing with the United States Postal Service, and deposited in the
United States Mail copies of the same to the business addresses as specified below, in a
sealed envelope fully prepared.

12 To:
13
14
15
16

Ross Island Sand & Gravel Co.
aka Ross Island, Inc.
c/o National Registered Agents, Inc.
2875 Michelle Drive, Suite 100
Irvine, California 92606

Ross Island Sand & Gravel Co.
aka Ross Island, Inc.
P.O. Box 82249
Portland, Oregon 97282

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

17 declaration was executed on this 6th day of July, 2012, at San Francisco, California.
18
19

/s/
Qui X. Lu

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-1PROOF OF SERVICE
Case No.: C12-1464 CRB
P:\CLIENTS\OE3CL\Ross Island Sand & Gravel Company\Pleadings\C12-1464 CRB - Request to Continue CMC 070612.docx