F.G. Crosthwaite et al v. ECI Aggregates, Inc.

Filing 24

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 23 MOTION to Continue CASE MANAGEMENT CONFERENCE filed by Operating Engineers Local 3, Operating Engineers Vacation & Holiday Pay Plan, Greg Trento, Pensioned Operating Enginee rs Health and Welfare Trust Fund, F.G. Crosthwaite, Heavy and Highway Committee, Russell E. Burns, Operating Engineers Pension Trust Fund, Operating Engineers Health And Welfare Trust Fund for Northern California, Operating Engineers and Partcipating Employers Pre-Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund Case Management Statement due by 2/2/2012. Case Management Conference set for 2/9/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 12/2/11. (nah, COURT STAFF) (Filed on 12/2/2011)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
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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8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 F.G. CROSTHWAITE and RUSSELL E.
BURNS, in their respective capacities as
11 Trustees, of the OPERATING ENGINEERS’
HEALTH AND WELFARE TRUST FUND
12 FOR NORTHERN CALIFORNIA, et al.;
13

REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE
Date:
Time:
Location:

Plaintiffs,

14

Case No.: C11-0353 PJH

v.

15 ECI AGGREGATES, INC., a California
corporation,
16
Defendant.
17

Judge:

December 8, 2011
2:00 p.m.
Courtroom 3, 3rd Floor
1301 Clay Street
Oakland, California
Honorable Phyllis J. Hamilton

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19

Plaintiffs herein respectfully request a Continuance of the Case Management Conference

20 currently on calendar for December 8, 2011 at 2:00 p.m.
21

1.

On September 28, 2011, Plaintiffs previously requested the Case Management

22 Conference of October 6, 2011 be continued for sixty (60) days to allow preparation, notice and
23 disposition of a Motion for Default Judgment (“Motion”). [Dkt. No. 20.]
24

2.

This Court provided sixty (60) days continuance to December 8, 2011 [dkt. No. 21],

25 but further research indicates that Defendant may be judgment proof.
26

3.

Next week, counsel for Plaintiffs is scheduled to present this matter to Plaintiffs’

27 Board of Trustees to determine the course of action to be taken.
28
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C11-0353 PJH
P:\CLIENTS\OE3CL\ECI Aggregates, Inc\Pleadings\C11-0353 PJH - Request to Continue CMC 113011.doc

4.

1

Depending on the outcome of the meeting, if Plaintiffs determine there is cause to

2 obtain a judgment, Plaintiffs will file the Motion, or in the alternative, if Plaintiffs determine not to
3 pursue this matter, a Voluntary Dismissal will be filed.
5.

4

There are therefore no issues that need to be addressed at the currently scheduled

5 conference. Accordingly, Plaintiffs respectfully request that the Case Management Conference,
6 currently scheduled for December 8, 2011, be continued for another sixty (60) days to allow
7 Plaintiffs time to determine and resolve the course of action needed in this matter.
I declare under penalty of perjury that the foregoing is true and correct of my own personal

8

9 knowledge and if called upon to testify, I could competently testify thereto.
Executed this 30th day of November, 2011, at San Francisco, California.

10

SALTZMAN & JOHNSON
LAW CORPORATION

11
12

_____________/s/__________________
Muriel B. Kaplan
Attorneys for Plaintiffs

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14
15
16
17 IT IS SO ORDERED:
18 The

Case

Management

Conference

in

this

matter

shall

be

continued

to

February 9
19 ________________________________ 2012 at 2:00 p.m., and all other previously set dates shall
20 be vacated, and reset at that time as necessary.
21

A

H

ER

R NIA

Judge P

FO

RT

26

amilton

H
hyllis J.

NO

25

_______________________________________
ERED
O ORD
IT IS S
UNITED STATES DISTRICT COURT JUDGE
LI

24

UNIT
ED

12/2/11
23 Dated: ________________________

ISTRIC
ES D
TC
AT
T

RT
U
O

S

22

N

F
D IS T IC T O
R

C

27
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-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C11-0353 PJH
P:\CLIENTS\OE3CL\ECI Aggregates, Inc\Pleadings\C11-0353 PJH - Request to Continue CMC 113011.doc

PROOF OF SERVICE

1
2

I, the undersigned, declare:

3

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

4 of California. I am over the age of eighteen and not a party to this action. My business address is
5 44 Montgomery Street, Suite 2110, San Francisco, California 94104.
6
7

On November 30, 2011, I served the following document(s):
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

8 on the interested parties in said action by First Class U.S. Mail by placing a true and exact copy of
9 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post
10 Office box in San Francisco, California, addressed as follows:
11
12
13
14

Robert Vaughan
Agent for Service of Process
ECI Aggregates, Inc.
11879 Kemper Road #1
Auburn, California 95603
I declare under penalty of perjury that the foregoing is true and correct and that this

15 declaration was executed on this 30th day of November, 2011, at San Francisco, California.
16
17

___________/s/_______________
Qui X. Lu

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-1PROOF OF SERVICE
Case No.: C11-0353 PJH
P:\CLIENTS\OE3CL\ECI Aggregates, Inc\Pleadings\C11-0353 PJH - Request to Continue CMC 113011.doc