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)

Download PDF
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: (415) 882-7900 4 Facsimile: (415) 882-9287 5 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 28 RT U O 26 R NIA 25 or in the alternative, FO 24 LI 22 A 21 UNIT ED 16

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?