F.G. Crosthwaite and Russell E. Burns et al v. Merhav Development, Inc.

Filing 10

ORDER granting request to continue the case management conference, Motions terminated: 9 MOTION to Continue - Request to Continue Case Management Conference; Declaration of Muriel B. Kaplan in Support Thereof filed by Pension Trust Fu nd for Operating Engineers, Heavy and Highway Committee, Operating Engineers Health & Welfare Trust Fund, F.G. Crosthwaite and Russell E. Burns, Operating Engineers and Participating Employers Pre Apprenticeship, Apprentice and Journeymen Af firmative Action Training Fund, Pensioned Operating Engineers Health and Welfare Fund, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO. Initial Case Management Conference set for 11/2/2012 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 8/23/12. (tfS, COURT STAFF) (Filed on 8/24/2012)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
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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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
11 AND WELFARE TRUST FUND, et al.
12
13

Plaintiffs,
v.

14 MERHAV DEVELOPMENT, INC., a
California corporation, dba SOUTHERN
15 CALIFORNIA EARTHWORK,
16

Defendant.

Case No.: C12-2725 SI
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
DECLARATION OF MURIEL B. KAPLAN
IN SUPPORT THEREOF
Date:
Time:
Ctrm:
Judge:

September 7, 2012
2:30 p.m.
10, 19th Floor
450 Golden Gate Avenue
San Francisco, California 94102
The Honorable Susan Illston

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Plaintiffs respectfully request that the Case Management Conference scheduled for

19 September 7, 2012, at 2:30 p.m., be continued for approximately 60 – 90 days, as follows:
20

1.

A Complaint was filed in this action on May 29, 2012 to compel Defendant’s

21 compliance with its obligations under the Collective Bargaining Agreement to which it is
22 signatory.
23

2.

On May 30, 2012, the Complaint, Summons, and all applicable court documents

24 were sent out for service on Defendant.
25

3.

An attempt was made at the address for the agent for service of process indicated

26 on the Secretary of State website. However, the address is a location of a P.O. box. Another
27 attempt was made at the address listed on Defendant’s letterhead, which turned out to be another
28 P.O. box.
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Case No.: C12-2725 SI

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1

4.

Plaintiffs are now in contact with an investigator to research a viable physical

2 address to serve Defendant.
3

5.

The last day to serve Defendant is September 26, 2012. If Plaintiffs cannot locate

4 Defendant by that date, Plaintiffs will file a Request to Extend Time for Service.
5

6.

Therefore, there is nothing for the Court to consider at this time, and Plaintiffs

6 respectfully request that the Court continue the Case Management Conference for a period of 60 –
7 90 days to allow sufficient time to serve Defendant, and to allow time for Defendant to respond to
8 the Complaint.
9

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

10 entitled action, and that the foregoing is true to the best of my knowledge and belief.
11

Executed this 23rd day of August, 2012 at San Francisco, California.

12

SALTZMAN & JOHNSON
LAWCORPORATION

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14

By: ___________/S/______________
Muriel B. Kaplan
Attorneys for Plaintiffs

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16
17 IT IS SO ORDERED.
18

11/2/12
The Case Management Conference in this action is hereby continued to __________,

19 2012. All related deadlines are extended accordingly.
20
21

8/23/12
Dated: _________________

____________________________________
UNITED STATES DISTRICT JUDGE

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