Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Weber

Filing 18

ORDER RESETTING CMC. Case Management Statement due by 11/23/2012. Case Management Conference set for 11/30/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/23/12. (bpf, COURT STAFF) (Filed on 10/23/2012)

Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Edward D. Winchester, SBN 271500
Bullivant Houser Bailey PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: [phone]
Facsimile: 415.352.2701
E-Mail: [e-mail]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
CALIFORNIA,

Case No.: CV 12-02038 EMC and C12-2039 EMC
CASE MANAGEMENT STATEMENT;
ORDER THEREON
ORDER RESETTING CMC TO 11/30/12
October 26, 2012
Date:
Time:
9:00 a.m.
Ctroom: 5, 17 th Floor
Hon. Edward M. Chen

Plaintiffs,
VS.

MURRAY STEVEN WEBER, dba WEBER
TRACTOR SERVICE,
Defendant.
Case No.: CV 12-02039 EMC
BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; AND BOARD
OF TRUSTEES OF THE CEMENT MASONS
TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,
Plaintiffs,
—

1—

CASE MANAGEMENT STATEMENT; ORDER THEREON

VS.

MURRAY STEVEN WEBER, dba WEBER
TRACTOR SERVICE,
Defendant.

Plaintiffs hereby provide this abbreviated case management conference statement.
Plaintiffs and Defendant, in both consolidated cases, reached a settlement of this action.
The parties have finalized the settlement documents. It was anticipated that by August 30, 212,
Defendants would have complied with the fully executed settlement agreement and this case
would be dismissed. However, Defendants requested two extra weeks to comply with the fully
executed settlement documents. Plaintiffs granted the request since the settlement agreement
was fully executed.
Pursuant to the settlement agreement, defendants were to make monthly installment
payments. Upon receipt of the first installment payment, Plaintiffs would dismiss this case
without prejudice. Upon receipt of the final installment payment, Plaintiffs would dismiss this
case with prejudice. Even after providing Defendants with a further extension of time,
Defendants failed to make any installment payment and are in default of the settlement
agreement.
Plaintiffs advised defendants that they are in default of the settlement agreement.
Defendants were given ten (10) days to cure the default, pursuant to the terms of the settlement
agreement. Defendants failed to cure the default.
The settlement agreement also contains a stipulation for entry of judgment should
defendants be in default and fail to cure the default. Plaintiffs will file a motion for entry of
judgment within the next 30 days. This case will not proceed to litigation.
///
///
///
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CASE MANAGEMENT STATEMENT; ORDER THEREON

Based on the above, Plaintiffs respectfully request that this Court continue the October
26, 2012 Case Management Conference for approximately thirty days.
DATED: October 17, 2012
BULLIVANT HOUSER BAILEY PC

Ronald L. Richman
Susan J. Olson
Attorneys for Plaintiffs

ORDER
Pursuant to the Plaintiffs' request to continue the case management conference and good
cause appearing:
IT IS HEREBY ORDERED that the October 26, 2012 case management conference be
continued to November

30

, 2012 at 9:00 a.m.., Courtroom 5, 17 th floor. If the motion for

entry of judgment is filed before the new date set for the case management conference, the case
management conference will be vacated.

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DATED: October 23
, 2012

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CASE MANAGEMENT STATEMENT; ORDER THEREON

C

PROOF OF SERVICE

I am employed in the City and County of San Francisco by the law firm of Bullivant
Houser Bailey, PC ("the business"), 601 California Street, Suite 1800, San Francisco, CA
94108. I am over the age of 18 and not a party to this action. On October 17, 2012, I served the
document(s) entitled:

CASE MANAGEMENT STATEMENT; ORDER THEREON

upon the following party(ies):
MURRAY STEVEN WEBER
dba WEBER TRACTOR SERVICE
867 2nd Avenue, Suite e
Redwood City, CA 94063

BY E MAIL VIA PDF FILE: By transmitting on this date via e-mail a true and correct
-

copy scanned into an electronic file Adobe "pdf' format. The transmission was reported
as complete and without error.

x

BY MAIL (CCP § 1013(a)): I am readily familiar with the ordinary practice of the
business with respect to the collection and processing of correspondence for mailing
with the United States Postal Service. I placed a true and correct copy(ies) of the abovetitled document(s) in an envelope(s) addressed as above, with first class postage thereon
fully prepaid. I sealed the aforesaid envelope(s) and placed it(them) for collection and
mailing by the United States Postal Service in accordance with the ordinary practice of
the business. Correspondence so placed is ordinarily deposited by the business with the
United States Postal Service on the same day.

II

BY FACSIMILE TRANSMISSION (CCP § 1013(e), CRC 2008(e)): I transmitted the
document(s) by facsimile transmission by placing it(them) in a facsimile machine
(telephone number 415-352-2701) and transmitting it(them) to the facsimile machine
telephone number(s) listed above. A transmission report was properly issued by the
transmitting facsimile machine. Each transmission was reported as complete and
without error. A true and correct copy of the transmission report is attached hereto.
BY OVERNIGHT DELIVERY (CCP § 1013(c)): I am readily familiar with the
ordinary practice of the business with respect to the collection and processing of
correspondence for mailing by Express Mail and other carriers providing for overnight
delivery. I placed a true and correct copy(ies) of the above-titled document(s) in an
envelope(s) addressed as above, with first class postage thereon fully prepaid. I sealed
the aforesaid envelope(s) and placed it(them) for collection and mailing by Express Mail
or other carrier for overnight delivery in accordance with the ordinary practice of the
business. Correspondence so placed is ordinarily deposited by the business with Express
Mail or other carrier on the same day.
—1—
CASE MANAGEMENT STATEMENT; ORDER THEREON

BY PERSONAL SERVICE UPON AN ATTORNEY (CCP § 1011(a)): I placed a true
and correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed
as indicated above. I delivered each of said envelope(s) by hand to a receptionist or a
person authorized to accept same at the address on the envelope, or, if no person was
present, by leaving the envelope in a conspicuous place in the office between the hours
of nine in the morning and five in the afternoon.
BY PERSONAL SERVICE UPON A PARTY (CCP § 1011(b)): I placed a true and
correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed as
indicated above. I delivered each of said envelope(s) by hand to a person of not less
than 18 years of age at the address listed on the envelope, between the hours of eight in
the morning and six in the evening.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
October 17, 2012, at San Francisco, California.

Terry S. Bremer
13900328.1

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CASE MANAGEMENT STATEMENT; ORDER THEREON