Crosthwaite et al v. Conterra Group, Inc. et al

Filing 12

ORDER granting re 11 REQUEST for Continuance of CASE MANAGEMENT CONFERENCE: Case Management Statement due by 4/1/2013. Initial Case Management Conference set for 4/8/2013 at 1:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 02/19/2013. (tmi, COURT STAFF) (Filed on 2/19/2013)

1 Michele R. Stafford, Esq. (SBN 172509)
Muriel B. Kaplan, Esq. (SBN 124607)
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
7
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.
Plaintiffs,

12
13

v.

14 CONTERRA GROUP, INC., a California
corporation; and JAVIER CONCEPCION
15 HERRERA, an individual,
Defendants.

16

Case No.: C12-5862 TEH
PLAINTIFFS’ REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON
Date: Monday, February 25, 2013
Time: 1:30 p.m.
Ctrm: 12, 19th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Thelton E. Henderson

17
18

Plaintiffs respectfully request that the Case Management Conference scheduled for

19 February 25, 2013, at 1:30 p.m., be continued for approximately 30 – 45 days, as follows:
20

1.

As the Court’s records will reflect, this action was filed on November 15, 2012 to

21 compel Defendants to comply with the terms of their Collective Bargaining Agreement.
22

2.

At Defendant’s request, a payment plan in the form of a stipulated judgment was

23 drafted and sent to Defendants for execution. The payment plan included all amounts owed from
24 Defendants to Plaintiffs Trust Funds.
25

3.

However, Defendants did not execute the payment plan, but instead, advised they

26 would make a lump sum payment. The parties then failed to agree upon a settlement amount.
27

4.

Defendants recently retained counsel and both parties are now close to finalizing a

28 payment plan.
-1REQUEST TO CONTINUE CMC
Case No.: C12-5862 TEH
P:\CLIENTS\OE3CL\Conterra Group, Inc\Pleadings\C12-5862 TEH - Request to Continue CMC 021513.docx

1

5.

Therefore, Plaintiffs respectfully request that the Case Management Conference be

2 continued for approximately 30 – 45 days in order to allow sufficient time for both parties to
3 finalize and execute the payment plan.
4

6.

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

5 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
6 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
7 Case Management Conference.
8

7.

Plaintiffs recognize that a case management conference statement is due seven days

9 in advance of the case management conference date and that the statement must include all
10 elements requested in the “Standing Order for All Judges of the Northern District of California –
11 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
12 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
13 Dated: February 15, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

14
By:

15
16

/s/
Michele R. Stafford
Attorneys for Plaintiffs

17
18 IT IS SO ORDERED.
19

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Judge T

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_________________________________________
THE HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT
NO

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22 Date: ____________________
02/19/2013

S

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
04/08/2013
20 Management Conference is hereby continued to _______________, and all related deadlines are
extended accordingly.
ISTRIC
21
ES D
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F
D IS T IC T O
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28
-2REQUEST TO CONTINUE CMC
Case No.: C12-5862 TEH
P:\CLIENTS\OE3CL\Conterra Group, Inc\Pleadings\C12-5862 TEH - Request to Continue CMC 021513.docx