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

Filing 24

ORDER reset hearing as to 22 MOTION for Default Judgment by the Court ]re 23 MOTION FOR ENTRY OF DEFAULT JUDGMENT WITHOUT HEARING, OR IN THE ALTERNATIVE, CONTINUE HEARING DATE filed by F. G. Crosthwaite, et al. Motion Hearing reset for 8/31/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 8/10/2012. (beS, COURT STAFF) (Filed on 8/10/2012)

Case3:12-cv-01464-CRB Document23 Filed08/09/12 Page1 of 4

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
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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13

v.

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

Case No: C12-1464 CRB
REQUEST FOR ENTRY OF DEFAULT
JUDGMENT WITHOUT HEARING, OR
IN THE ALTERNATIVE, CONTINUE
HEARING DATE; DECLARATION OF
BLAKE E. WILLIAMS IN SUPPORT
THEREOF
Date:
Time:
Ctrm:

Defendant.

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Friday, August 24, 2012
10:00 a.m.
6, 17th Floor
450 Golden Gate Avenue
San Francisco, California 94102

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Judge: The Honorable Charles R. Breyer
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20 I, Blake E. Williams, declare:
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1.

I am an attorney at law licensed to practice in the State of California, and am an

22 associate of Saltzman and Johnson Law Corporation, attorneys for Plaintiffs herein.
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2.

I submit this Declaration in support of Plaintiffs’ pending Motion for Default

24 Judgment relative to Ross Island Sand & Gravel Co., also doing business as Ross Island, Inc., filed
25 on July 17, 2012. I am requesting that the Motion for Default Judgment be ruled on the papers
26 without the necessity of a hearing and that the hearing date, presently set for August 24, 2012 at
27 10:00 a.m. before the Honorable Charles R. Breyer, be vacated.
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-1REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING
Case No.: C12-1464 CRB
P:\CLIENTS\OE3CL\Ross Island Sand & Gravel Company\Pleadings\Motion for Default Judgment\C12-1464 CRB - Request for Entry of Judgment without Hearing 080912.docx

Case3:12-cv-01464-CRB Document23 Filed08/09/12 Page2 of 4

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3.

Or in the alternative, I respectfully request that the Court continue the hearing on

2 Plaintiffs’ Motion for Default Judgment for one week, to August 31, 2012, or the next available
3 law and motion date, due to a scheduling conflict that has arisen on the part of Plaintiffs’ counsel.
4

4.

The Notice of Motion and Motion for Default Judgment were served upon

5 Defendants on July 17, 2012, and thus Plaintiffs have exercised due diligence. Defendant’s time
6 for filing any Opposition to the Motion for Default Judgment has passed, and Defendant has not
7 made an appearance in this matter.
8

5.

In the interest of conserving costs as well as the Court’s time and resources,

9 Plaintiffs respectfully request that the Motion for Default Judgment be ruled on the papers without
10 the necessity of a hearing, particularly in light of the fact that collection is uncertain.

As

11 attorneys’ fees and costs are “out of pocket,” Plaintiffs are attempting to keep fees (and thus the
12 Trust Funds’ loss) at a minimum.
13

6.

Ross Island Sand & Gravel Co., also known as Ross Island, Inc., as a corporate

14 defendant, is not an infant, incompetent person, or in the military service of the United States or
15 otherwise exempted under the Servicemembers Civil Relief Act of 2003.
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I declare under penalty of perjury that the foregoing is true of my own knowledge and if

17 called upon I could competently testify thereto.
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Executed this 9th day of August, 2012, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:

/s/
Blake E. Williams
Attorneys for Plaintiffs

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-2REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING
Case No.: C12-1464 CRB
P:\CLIENTS\OE3CL\Ross Island Sand & Gravel Company\Pleadings\Motion for Default Judgment\C12-1464 CRB - Request for Entry of Judgment without Hearing 080912.docx

Case3:12-cv-01464-CRB Document23 Filed08/09/12 Page3 of 4

1 IT IS SO ORDERED.
2 BASED ON THE FOREGOING and GOOD CAUSE APPEARING, the hearing on Plaintiffs’
pending Motion for Default Judgment, presently set for August 24, 2012 at 10:00 a.m., before the
3
Honorable Charles R. Breyer, is hereby vacated.
4
or
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BASED ON THE FOREGOING and GOOD CAUSE APPEARING, the hearing on Plaintiffs’
6 pending Motion for Default Judgment, presently set for August 24, 2012 at 10:00 a.m., before the
Honorable Charles R. Breyer, is continued to _______________ at 10:00 a.m.
August 31, 2012
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HONORABLE CHARLES R. BREYER
UNITED STATES DISTRICT COURT JUDGE

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Dated: ___________________________
August 10, 2012

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-3REQUEST FOR ENTRY OF JUDGMENT WITHOUT HEARING
Case No.: C12-1464 CRB
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Case3:12-cv-01464-CRB Document23 Filed08/09/12 Page4 of 4

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 August 9, 2012, I served the following document(s) on the parties to this action in the

7 manner described below:
8

REQUEST FOR ENTRY OF DEFAULT JUDGMENT WITHOUT HEARING,
OR IN THE ALTERNATIVE,
CONTINUE HEARING DATE;
DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF

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XX
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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.

13 To:
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15
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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

18 declaration was executed on this 9th day of August, 2012, at San Francisco, California.
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/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\Motion for Default Judgment\C12-1464 CRB - Request for Entry of Judgment without Hearing 080912.docx