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

Filing 17

ORDER to Continue Case Management Conference. Case Management Statement due by 5/6/2013. Initial Case Management Conference set for 5/13/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/01/2013. (tmi, COURT STAFF) (Filed on 4/1/2013)

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, April 8, 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 Monday, April 8, 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.

Plaintiffs did not serve Defendants with the summons and complaint package

23 because Defendants requested a payment plan. A payment plan in the form of a stipulated
24 judgment was drafted and sent to Defendants for execution. The payment plan included all
25 amounts owed from Defendants to Plaintiffs Trust Funds.
26

3.

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

27 would make a lump sum payment. The parties then failed to agree upon a settlement amount.
28
-1REQUEST TO CONTINUE CMC
Case No.: C12-5862 TEH
P:\CLIENTS\OE3CL\Conterra Group, Inc\Pleadings\C12-5862 TEH - Request to Continue CMC 032513.docx

1

4.

Defendants recently retained counsel and both parties are now negotiating a

2 settlement.
3

5.

Therefore, Plaintiffs respectfully request that the Case Management Conference be

4 continued for approximately 30 – 45 days in order to allow sufficient time for both parties to
5 resolve this matter.
6

6.

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

7 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
8 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
9 Case Management Conference.
10

7.

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

11 in advance of the case management conference date and that the statement must include all
12 elements requested in the “Standing Order for All Judges of the Northern District of California –
13 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
14 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
15 Dated: March 25, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

16
By:

17
18

/s/
Michele R. Stafford
Attorneys for Plaintiffs

19
20 IT IS SO ORDERED.
21

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H

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. He
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Judge T

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nderson

NO

27

_________________________________________
THE HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT

A

26

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UNIT
ED

25

ES
AT
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04/01/2013
24 Date: ____________________

S

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
_______________,
22 Management Conference is hereby continued to 05/13/2013 @ 1:30 p.m. and all related deadlines are
extended accordingly.
23
DISTRI

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C
F
-2D IS T IC T O
R
REQUEST TO CONTINUE CMC
Case No.: C12-5862 TEH

P:\CLIENTS\OE3CL\Conterra Group, Inc\Pleadings\C12-5862 TEH - Request to Continue CMC 032513.docx