Crosthwaite et al v. Espinosa Surveying, Inc. et al

Filing 11

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 10 MOTION to Continue - Plaintiffs' Case Management Conference Statement; Request to Continue filed by Operating Engineers and Northern California Surveyors Preappre ntice, Apprentice and Jouryman Affirmative Action Training Fund, Greg Trento, Operating Engineers Vacation and Holiday Pay Plan, Operating Engineers' Health and Welfare Trust Fund for Northern California, Pensioned Operating Engineers Hea lth and Welfare Trust Fund, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, F.G. Crosthwaite, Russell E. Burns, Operating Engineers Pension Trust Fund. Joint Case Management Statement due by 3/22/2012. Initial Case Management Conference set for 3/29/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 1/23/12. (nah, COURT STAFF) (Filed on 1/23/2012)

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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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F.G. CROSTHWAITE, et al.
Plaintiffs,

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v.
ESPINOSA SURVEYING, INC., a California
Corporation; PETER ESPINOSA, an
individual, JOANNE C. ESPINOSA, an
individual, BRIANDA MICHELLE
ESPINOSA, an individual, and JOVANNA
BETTIN ESPINOSA, an individual,

Case No.: C11-5067 PJH
PLAINTIFFS’ CASE MANAGEMENT
CONFERENCE STATEMENT; REQUEST
TO CONTINUE AND ORDER
Date: January 26, 2012
Time: 2:00 p.m.
Dept.: Courtroom 3, 3rd Floor
1301 Clay Street, Oakland
Judge: Honorable Phyllis J. Hamilton

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Defendants.
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Plaintiffs hereby submit their Case Management Conference Statement and Request to

19 Continue Case Management Conference:
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1.

As the Court’s record will reflect, the Complaint was filed October 14, 2011

21 against all named Defendants to collect delinquent employee benefit contributions. As Plaintiffs’
22 counsel had been working with Defendants’ counsel for some time to resolve the matter, the
23 Complaint was not immediately served. In addition, Plaintiffs’ counsel had learned that Peter
24 Espinoza was incarcerated, which poses difficulties when it comes to service of process.
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2.

Plaintiffs’ and Defendants’ Counsel have been discussing a payment plan, by

26 Stipulated Judgment, to resolve this matter. Defendants have been wholly cooperative and have
27 agreed to accept service of the Complaint to keep expenses at a minimum. In turn, Plaintiffs have
28 agreed to extend the time to respond to the Complaint so that a settlement may be reached before
-1PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT; REQUEST TO CONTINUE
Case No.: C11-5067 PJH
P:\CLIENTS\OE3CL\Espinosa Surveying\Pleadings\C11-5067 PJH - CMC Statement.DOC

1 further litigation expenses are incurred. Defendants have made some payments toward their
2 arrearages, expressed interest in bringing their account current and have advised that it is their
3 hope to remain in business.
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3.

Defendants are being provided with a summary of all amounts owed to date, and

5 will review their finances to ascertain a monthly payment amount that will work, while keeping
6 the business current in contributions.
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4.

As it appears that this matter will resolve shortly, and in the interest of saving the

8 fees and costs associated with participation in the Case Management Conference, I am asking that
9 the Court continue it for 60 – 90 days to allow for settlement and the preparation and filing of a
10 Stipulated Judgment.
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I declare under penalty of perjury that I am the attorney for the plaintiffs in the above

12 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 18th day of January, 2012, at San Francisco, California.
SALTZMAN & JOHNSON LAW CORPORATION

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By:

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__/s/ Michele R. Stafford______________________
Michele R. Stafford
Attorneys for Plaintiffs

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ORDER

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The Case Management Conference, currently scheduled for January 26, 2012, is hereby

March 29, 2012
20 continued to _____________________, 2012. All related deadlines are extended accordingly.
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IT IS SO ORDERED.

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H

ER

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FO

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amilton

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H
hyllis J.
Judge P

NO

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R NIA

__________________________________________
ERED
HONORABLEIT IS SO ORD J. HAMILTON
PHYLLIS
United States District Judge

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UNIT
ED

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ISTRIC
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1/23/12
23 Date: ______________________

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-2PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT; REQUEST TO CONTINUE
Case No.: C11-5067 PJH
P:\CLIENTS\OE3CL\Espinosa Surveying\Pleadings\C11-5067 PJH - CMC Statement.DOC