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

Filing 30

ORDER granting 29 MOTION to Vacate Clerks Notice REQUEST TO VACATE, OR IN THE ALTERNATIVE, CONTINUE CASE MANAGEMENT CONFERENCE filed by F. G. Crosthwaite, et al.. Initial Case Management Conference reset for 12/14/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 9/11/2012. (beS, COURT STAFF) (Filed on 9/11/2012)

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 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, September 14, 2012
8:30 a.m.
Courtroom 6, 17th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Charles R. Breyer

Defendant.

16
17
18

Plaintiffs herein respectfully request that the Case Management Conference currently on

19 calendar for Friday, September 14, 2012 at 8:30 a.m. be vacated, or in the alternative, be continued
20 for 90 (ninety) days as follows:
21

1.

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

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

2.

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

26 No. 12.]
27
28
-1REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Case No.: C12-1464 CRB
N:\pdf docs\1464 ross.docx

3.

On July 17, 2012, Plaintiffs filed a Motion for Default Judgment. [Docket Nos. 17-

4.

1

On August 24, 2012, this Court issued an Order Denying Motion for Default

2 22]
3

4 Judgment. [Docket No. 27]. Plaintiffs have reviewed the Order and are in the process of amending
5 the Complaint to address the pleading insufficiency referenced in the Order.
6

5.

Plaintiffs intend to file the Amended Complaint by the end of this month.

7 Following the filing of the Amended Complaint and after allowing time for Defendant to answer,
8 Plaintiffs will file a Motion for Default Judgment.
9

6.

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

10

7.

Accordingly, Plaintiffs respectfully request that the Case Management Conference,

11 currently scheduled for September 14, 2012, be vacated, or in the alternative, be continued for 90
12 (ninety) days to allow Plaintiffs sufficient time to file an Amended Complaint, Defendant time to
13 answer, and the disposition of the Motion for Default Judgment.
14

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

15 knowledge and if called upon to testify, I could competently testify thereto.
Executed this 7th day of September, 2012, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

17
18

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

19
20
IT IS SO ORDERED:

The Case Management Conference in this matter shall be vacated;

23

The Case Management Conference shall be continued to December 14, 2012, at 8:30 a.m., and all
ISTRIC
ES D
TC
AT
T

other previously set dates shall be vacated, and reset at that time as necessary.
S

27 Dated: September 11, 2012

Judge C

.
harles R

Breye

-2ER
REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
C
N
F
D I S T C12-1464 CRB
Case No.: I C T O
R
RT

H

N:\pdf docs\1464 ross.docx

ERED

O ORD
_______________________________________
IT IS S
UNITED STATES DISTRICT COURT JUDGE
r
NO

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RT
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26

R NIA

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or in the alternative,

FO

24

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22

A

21

UNIT
ED

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