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

Filing 15

ORDERL Initial Case Management Conference set for 11/2/12 is continued 2/1/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 10/31/12., Motions terminated: 14 MOTION to Continue Case Management Con ference; and Proposed Order Thereon filed by Operating Engineers Vacation & Holiday Pay Plan, Operating Engineers Local 3, Pensioned Operating Engineers' Health & Welfare Trust Fund, Greg Trento, Operating Engineers and Participati ng 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. (tfS, COURT STAFF) (Filed on 11/1/2012)

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

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Defendants.

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Plaintiffs hereby submit their Request to Continue the Case Management Conference set

18 for November 2, 2012, as follows. Plaintiffs recognize that a Case Management Conference
19 Statement was due on October 23, 2012. Due to a calendaring error, Plaintiffs’ counsel neglected
20 to file a statement on time, and hereby submit this Request to Continue to the Court with apologies
21 for its tardiness.
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1.

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

23 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

25 Judgment Pursuant to Stipulation providing for a payment plan to allow Defendants to bring their
26 account current by making monthly payments to Plantiffs. Plaintiffs’ counsel mailed a proposed
27 Notice and Acknowledgment and Judgment Pursuant to Stipulation (“Stipulation”), and copies of
28 the Summons and Complaint, and all Court documents that had been issued to date, to Defendants

P:\CLIENTS\OE3CL\Advanced Rock Crushing Service\Pleadings\C12-2986 SI - Request to Continue CMC - 103012.DOC

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

1 on or about June 13, 2012.
3.

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Defendants acknowledged receipt of the proposed Stipulation and related

3 documents, and advised Plaintiffs that further revisions to the stipulation would be needed prior to
4 their execution. Defendants also submitted the first three payments under the proposed Stipulation.
4.

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The Court continued the previous Case Management Conference to allow time for

6 the Parties to continue negotiations regarding the content of the changes. However, the parties did
7 not reach a settlement, and Defendants failed to submit further payments under the proposed
8 Stipulation, and became delinquent in payment of their current contributions. Plaintiffs therefore
9 arranged for a process server to serve Defendants with the Summons and Complaint.
5.

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Service on Defendant Advanced Rock Crushing Service, LLC was effectuated on

11 October 21, 2012, and a Proof of Service was filed with the Court on October 24, 2012 (Dkt. #13).
12 Defendant Advanced Rock Crushing Service, LLC’s deadline to file an Answer is November 13,
13 2012.
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6.

Our process server reports that multiple unsuccessful attempts have been made to

15 personally serve Defendant Todd Weiher. As the Court’s records will reflect, the Court issued an
16 order extending Plaintiffs’ deadline to serve Defendants with the Summons and Complaint to
17 December 7, 2012 (Dkt. #12). Plaintiffs will continue to attempt to effectuate service.
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7.

Accordingly, Plaintiffs respectfully request that the Case Management Conference,

19 currently scheduled for November 2, 2012, be continued for 60-90 days to allow for additional
20 settlement efforts and/or for service of process to be completed on Defendant Weiher and/or for
21 Defendants to file Answers.
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8.

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

23 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
24 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
25 Case Management Conference.
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P:\CLIENTS\OE3CL\Advanced Rock Crushing Service\Pleadings\C12-2986 SI - Request to Continue CMC - 103012.DOC

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

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

2 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 30th day of October, 2012, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:

/S/
Blake E. Williams
Attorneys for Plaintiffs

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9 IT IS SO ORDERED.
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The currently set Initial Case Management Conference is hereby continued to
2/1/13
3:00 p.m.
11 ______________________ at _______________. All related deadlines are hereby extended
12 accordingly.
13 Date: ____________________
10/31/12
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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 - 103012.DOC

-3REQUEST TO CONTINUE CMC
Case No.: C12-2986 SI

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PROOF OF SERVICE

2 I, the undersigned, declare:
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1.

I am a citizen of the United States and am employed in the County of San

4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
5 Francisco, California 94104.
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2.

I am over the age of eighteen and not a party to this action.

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3.

On October 30, 2012, I served the following document(s):

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;

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and [PROPOSED] ORDER THEREON

10 on the interested parties in said action by enclosing a true and exact copy of each document in a
11 sealed envelope and placing the envelope for collection and mailing following our ordinary
12 business practices. I am readily familiar with this business’ practice for collecting and processing
13 correspondence for mailing. On the same day that correspondence is placed for collection and
14 mailing, it is deposited in the ordinary course of business with the United States Postal Service in
15 a sealed envelope with First Class postage fully prepaid.
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4.

The envelopes were addressed and sent via First Class U.S. Mail as follows:
Advanced Rock Crushing Service, LLC
c/o Deawn Weiher, Agent
for Service of Process
390 California Street
Escalon CA 95320

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I declare under penalty of perjury that the foregoing is true and correct and that this

22 declaration was executed on October 30, 2012, at San Francisco, California.
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/S/
Elise Thurman
Paralegal

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P:\CLIENTS\OE3CL\Advanced Rock Crushing Service\Pleadings\C12-2986 SI - Request to Continue CMC - 103012.DOC

-1PROOF OF SERVICE
Case No.: C12-2986 SI