Pension Plan for Pension Trust Fund for Operating Engineers et al v. Acme Concrete Pumping, Inc. et al

Filing 37

ORDER GRANTING 35 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ALL RELATED DEADLINES. Case Management Statement due by 3/15/2013. Initial Case Management Conference set for 3/22/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 11/21/12. (jjoS, COURT STAFF) (Filed on 11/21/2012)

Case3:12-cv-04410-JSW Document35 Filed11/16/12 Page1 of 3

1 RICHARD C. JOHNSON (SBN 40881)
JULIE A. OSTIL (SBN 215202)
2 SHAAMINI A. BABU (SBN 230704)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 [phone]
[phone] – Facsimile
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et al.,
11
Plaintiffs,
12
vs.
13
ACME CONCRETE PUMPING, INC., a
14 Nevada corporation, et al.,
15

Case No.: C 12-04410 JSW

Defendants.

REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
ALL RELATED DEADLINES;
[PROPOSED] ORDER THEREON
Date: January 18, 2013
Time: 1:30 p.m.
Courtroom 11, 19th Floor
Judge: The Honorable Jeffrey S. White

16
17
18

Plaintiffs herein respectfully request that the Case Management Conference currently on

19 calendar for January 18, 2013, 1:30 p.m., and all related deadlines, be continued for 60 days, due
20 to a Motion to Compel Arbitration filed by Defendants on October 23, 2012, and scheduled to be
21 heard on January 18, 2013. Docket 23.
22

1.

Good Cause exists for the request:

This action arises under the Employee

23 Retirement Income Security Act of 1974 (“ERISA”), as amended by the Multiemployer Pension
24 Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)), to recover withdrawal liability
25 amounts owed by ACME Concrete Pumping, Inc., and its controlled group members to plaintiffs
26 Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, and Russell E. Burns
27 (“Plaintiffs”).
28
-1REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C 12-04410 JSW
P:\CLIENTS\OE3WL\CASES\Acme Concrete Pumping\Pleadings\CMC\Request to Continue CMC 111612.DOC

Case3:12-cv-04410-JSW Document35 Filed11/16/12 Page2 of 3

1

2.

On August 22, 2012, plaintiffs filed a Complaint in this matter. Docket 1.

2

3.

Service was effectuated on Defendants Tedesco Leasing, Ltd., Pacific Rim

3 Commercial Concrete, Inc., and Tractor & Equipment Center, LLC, on August 28, 2012. Service
4 was effectuated on Defendants Tedesco Pacific Construction, Inc., and ACME Concrete Pumping,
5 Inc., on August 29, 2012. Proofs of Service were filed with the Court on October 2, 2012. Docket
6 16. On September 13, 2012, counsel for Defendants filed a Notice of Appearance, appearing for
7 all named Defendants. Docket 6.
4.

8

On September 25, 2012, Defendants filed a Motion to Dismiss Based Upon Lack of

9 Jurisdiction and Improper Venue, or in the Alternative, to Transfer Venue. Docket 15. Plaintiffs
10 filed an opposition on October 2, 2012, to which Defendants Replied on October 19, 2012.
11 Dockets 17 & 22. This court denied the Motion to Dismiss Based Upon Lack of Jurisdiction and
12 Improper Venue, or in the Alternative, to Transfer Venue on November 1, 2012. Docket 27.
5.

13

On October 22, 2012, two months after the Fund had filed its suit in federal court,

14 Defendants sent to the American Arbitration Association a demand for Arbitration regarding their
15 withdrawal liability.

Subsequently, on October 23, 2012, Defendants a Motion to Compel

16 Arbitration. Docket 23. Plaintiffs filed an Opposition on November 6, 2012, to which Defendants
17 Replied on November 13, 2012. Docket 28 & 32. A hearing on Motion to Compel Arbitration is
18 currently scheduled to be heard on January 18, 2013.
6.

19

If the parties are required to go forward on the current date, both sides will have to

20 expend fees for a meet and confer, drafting of a joint CMC statement and ADR procedures which
21 may be obviated by the results of the motion. Therefore, Plaintiffs respectfully request that the
22 Case Management Conference currently scheduled for January 18, 2012, and all of its associated
23 deadlines, be continued for 60 days pending the results of Defendants’ Motion to Compel
24 Arbitration.
25 ///
26 ///
27 ///
28
-2REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C 12-04410 JSW
P:\CLIENTS\OE3WL\CASES\Acme Concrete Pumping\Pleadings\CMC\Request to Continue CMC 111612.DOC

Case3:12-cv-04410-JSW Document35 Filed11/16/12 Page3 of 3

1

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.
3 Executed this 16th day of November, 2012, at San Francisco, California.
SALTZMAN & JOHNSON LAW CORPORATION

4
5

By: ____________/S/____ _______________
Julie A. Ostil
Attorneys for Plaintiffs

6
7
8

ORDER

9
10 IT IS SO ORDERED.
11

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case

12 Management Conference is hereby continued to March 22, 2013

at 1:30 p.m. All related

13 deadlines are extended accordingly.
14
November 21, 2012
15 Date: ____________________
16

_________________________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
-3REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C 12-04410 JSW
P:\CLIENTS\OE3WL\CASES\Acme Concrete Pumping\Pleadings\CMC\Request to Continue CMC 111612.DOC