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

Filing 41

ORDER GRANTING 40 Motion to Continue Case Management Conference. Case Management Statement due by 4/26/2013. Case Management Conference set for 5/3/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on February 20, 2013. (jswlc3, COURT STAFF) (Filed on 2/20/2013)

Case3:12-cv-01464-JSW Document40 Filed02/19/13 Page1 of 4

1 Michele R. Stafford, Esq. (SBN 172509)
Muriel B. Kaplan, Esq. (SBN 124607)
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 AND
11 WELFARE TRUST FUND, et al.

Case No.: C12-1464 JSW
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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Date:
Time:
Location:

v.

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

Friday, March 1, 2013
1:30 p.m.
Courtroom 11, 19th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Jeffrey S. White

Defendant.

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Plaintiffs herein respectfully request that the Case Management Conference currently on

19 calendar for Friday, March 1, 2013 at 1:30 p.m. be continued for sixty (60) days as follows:
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1.

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

21 compel Defendant’s compliance with the terms of their Collective Bargaining Agreement. Service
22 on Defendant was completed on March 30, 2012. A Proof of Service of Summons was filed with
23 the Court on April 12, 2012. [Docket No. 9.]
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2.

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

25 No. 12.]
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3.

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

27 22]
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-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-1464 JSW
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Case3:12-cv-01464-JSW Document40 Filed02/19/13 Page2 of 4

4.

1

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

2 Judgment. [Docket No. 27]. Plaintiffs have reviewed the Order and have amended the Complaint
3 to address the pleading insufficiency referenced in the Order.
5.

4

Plaintiffs filed and served the Amended Complaint on December 7, 2012. [Docket

5 No. 32]. A Request for Entry of Default on the Amended Complaint has been prepared and will
6 be filed concurrently with this Request.
6.

7

Plaintiffs are in the process of preparing a Motion for Default Judgment on the

8 Amended Complaint, which Plaintiffs anticipate filing with the Court within the next several
9 weeks.
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7.

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

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8.

Accordingly, Plaintiffs respectfully request that the Case Management Conference,

12 currently scheduled for March 1, 2013, be continued for sixty (60) days to allow Plaintiffs
13 sufficient time for the disposition of the Motion for Default Judgment.
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9.

Plaintiffs recognize that a case management conference statement is due seven days

15 in advance of the case management conference date and that the statement must include all
16 elements requested in the “Standing Order for All Judges of the Northern District of California –
17 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
18 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
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I declare under penalty of perjury that the foregoing is true and correct of my own personal

20 knowledge and if called upon to testify, I could competently testify thereto.
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Executed this 19th day of February, 2013, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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______________/s/_________________
Michele R. Stafford
Attorneys for Plaintiffs

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Case3:12-cv-01464-JSW Document40 Filed02/19/13 Page3 of 4

1 IT IS SO ORDERED:
May 3
2 The Case Management Conference shall be continued to ____________________________, 2013
3 at 1:30 p.m. and all other previously set dates shall be vacated, and reset at that time as necessary.
4
February 20, 2013
5 Dated: ________________________

_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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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

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4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
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On February 19, 2013, I served the following document(s) on the parties to this action in

7 the manner described below:
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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

9 XX
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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.

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To:
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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

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I declare under penalty of perjury that the foregoing is true and correct and that this
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declaration was executed on this 19th day of February, 2013, at San Francisco, California.
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/s/
Qui X. Lu

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Case No.: C12-1464 JSW
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