Crosthwaite et al v. Advanced Rock Crushing Service, LLC et al

Filing 10

ORDER: Initial Case Management Conference set for 11/2/2012 02:30 PM in Courtroom 10, 19th Floor, San Francisco., Motions terminated: 9 MOTION to Continue - Request to Continue Case Management Conference; and Proposed Order Thereon fil ed by Operating Engineers Vacation & Holiday Pay Plan, Operating Engineers Local 3, Pensioned Operating Engineers' Health & Welfare Trust Fund, Greg Trento, Operating Engineers and Participating Employer Pre-Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Heavy and Highway Committee, F.G. Crosthwaite, Operating Engineers Pension Trust Fund, Operating Engineers Health And Welfare Trust Fund for Northern California.. Signed by Judge Susan Illston on 9/5/12. (tfS, COURT STAFF) (Filed on 9/6/2012)

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
[phone]
4 [phone] – Facsimile
[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

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F.G. CROSTHWAITE, et al.,

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Plaintiffs,
v.

Case No.: C12-2986 SI
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;

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ADVANCED ROCK CRUSHING SERVICE,
LLC, a California Limited Liability Company;

and [PROPOSED] ORDER THEREON

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and TODD WEIHER, an individual,

Date: September 14, 2012
Time: 2:30 p.m.
Ctrm.: 10, 19th Floor
Judge: The Honorable Susan Illston

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Defendants.

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17 Plaintiffs hereby submit their Case Management Conference Statement as follows:
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1.

As the Court’s records will reflect, this action was filed by Plaintiffs to compel

19 Defendants’ compliance with their collective bargaining agreement.
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2.

The parties have been in contact to discuss settlement of this matter by way of a

21 Judgment Pursuant to Stipulation providing for a payment plan to allow Defendants to bring their
22 account current by making monthly payments to Plantiffs. Plaintiffs’ counsel mailed a proposed
23 Notice and Acknowledgment and Judgment Pursuant to Stipulation (“Stipulation”), and copies of
24 the Summons and Complaint, and all Court documents that had been issued to date, to Defendants
25 on or about June 13, 2012.
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3.

Defendants acknowledged receipt of the proposed Stipulation and related

27 documents, and advised Plaintiffs that further revisions to the stipulation would be needed prior to
28 their execution. The Parties are still in negotiations regarding the content of the changes. However,

P:\CLIENTS\OE3CL\Advanced Rock Crushing Service\Pleadings\C12-2986 SI - Request to Continue CMC - 090412.DOC

-1REQUEST TO CONTINUE CMC
Case No.: C12-2986 SI

1 Defendants have submitted the first three payments under the proposed Stipulation, and have
2 timely paid their current contributions. Plaintiffs continue to believe that a settlement will be
3 reached with Defendants.
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4.

Accordingly, Plaintiffs respectfully request that the Case Management Conference,

5 currently scheduled for September 14, 2012, be continued for 60-90 days to allow for additional
6 settlement efforts and/or for Plaintiffs to personally serve Defendants with the Summons and
7 Complaint, and for Defendants to file Answers.
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5.

There are no issues that need to be addressed by the parties at the currently

9 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
10 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
11 Case Management Conference.
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I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

13 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 4th day of September, 2012, at San Francisco, California.

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SALTZMAN & JOHNSON
LAW CORPORATION

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By:

/S/
Blake E. Williams
Attorneys for Plaintiffs

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20 IT IS SO ORDERED.
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The currently set Initial Case Management Conference is hereby continued to
Nov. 2, 2012
2:30 pm.
22 ______________________ at _______________. All related deadlines are hereby extended
23 accordingly.
24 Date: ____________________
9/5/12
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_________________________________________
UNITED STATES DISTRICT COURT JUDGE

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P:\CLIENTS\OE3CL\Advanced Rock Crushing Service\Pleadings\C12-2986 SI - Request to Continue CMC - 090412.DOC

-2REQUEST TO CONTINUE CMC
Case No.: C12-2986 SI