Operating Engineers Pension Trust Fund et al v. Terrasearch et al

Filing 50

STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO SET ASIDE DEFAULT TO OCTOBER 6, 2011. Signed by Judge Beeler on 7/21/2011. (lblc1, COURT STAFF) (Filed on 7/21/2011)

1 RICHARD C. JOHNSON (SBN 40881)
SHAAMINI A. BABU (SBN 230704)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
Attorneys for Plaintiffs
6
7
UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
(OAKLAND DIVISION)
10
11

OPERATING ENGINEERS’ PENSION
TRUST FUND; F.G. CROSTHWAITE and
RUSSELL E. BURNS, as Trustees,

12
Plaintiffs,
13
vs.

Case No.: CV 10-04964 SBA (LB)
STIPULATION CONTINUING
HEARING ON MOTION TO SET
ASIDE DEFAULT; [PROPOSED]
ORDER

14
15

TERRASEARCH, a California Corporation, 3
MAK, LLC, a California Limited Liability
Company, and DOES 1-20,

16
Defendants.
17
18

Defendants filed their Motion to Set Aside the Default (“MSAD”) on June 22, 2011.

19 Docket No. 43. The MSAD was referred to Magistrate Judge Beeler for report and
20 recommendation on June 24, 2011. Docket No. 44.

Judge Beeler issued an Order setting the

21 hearing on the MSAD for September 1, 2011, with Plaintiffs’ Opposition due July 18, 2011, and
22 Defendants’ Reply Brief due July 25, 2011. Docket No. 47. The parties are currently exchanging
23 information and documents in an attempt to resolve this matter. If the parties reach an agreement
24 the MSAD may become moot.
25

As such, the parties hereby stipulate to continue the hearing on the MSAD to September

26 22, 2011, at 11:00 a.m., and further stipulate that Plaintiffs’ Opposition shall be due on August 25,
27 2011, and Defendants’ Reply Brief shall be due on September 1, 2011.
28

P:\CLIENTS\OE3PP\Cases - WL\Terrasearch\Motion to Set Aside\Stipulation re Deadlines 071411.DOC

1
STIPULATION
Case No.: CV 10-04964 SBA (LB)

1
2 Dated: July 14, 2011

SALTZMAN & JOHNSON LAW CORPORATION

3
By: ____________/s/____ _______________
Shaamini A. Babu
Attorneys for Plaintiff

4
5
6
7 Dated: July 14, 2011

LITTLER MENDELSON P.C.

8
By: ____________/s/__________________
Stephen C. Tedesco
Attorneys for Defendants___

9
10
11 IT IS SO ORDERED.
12

Based on the foregoing, and good cause appearing, the hearing on Defendants’ Motion to

13 Set Aside Default is hereby calendared for October 6, 20112011, at a.m. p.m.
September 22, at 11:00 11:00
14
15

Plaintiffs’

Opposition shall be filed by August 25, 2011, and Defendants’ Reply Brief shall be filed by
September 1, 2011.

16
17
18
19

Date: _________________
July 21, 2011

_________________________________________________
LAUREL BEELER
United States Magistrate Judge

20
21
22
23
24
25
26
27
28

P:\CLIENTS\OE3PP\Cases - WL\Terrasearch\Motion to Set Aside\Stipulation re Deadlines 071411.DOC

2
STIPULATION
Case No.: CV 10-04964 SBA (LB)