Crosthwaite et al v. C. Aparicio Cement Contractor, Inc.

Filing 15

ORDER GRANTING 13 MOTION to Vacate Case Management Conference re 10 Clerks Notice, filed by Operating Engineers and Participating Empolyers Pre-Apprenticeship, Apprentice and Journeyment Affirmative Action Training Fund, Pensioned Operati ng Engineers' Health & Welfare Fund, Heavy and Highway Committee, Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, Russell E. Burns, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO. Signed by Judge Yvonne Gonzalez Rogers on 12/10/12. (fs, COURT STAFF) (Filed on 12/10/2012)

Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, CA 94104
[phone]
[phone] – Facsimile
[e-mail]
[e-mail]
Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
F. G. CROSTHWAITE, et al., as Trustees of
the OPERATING ENGINEERS’ HEALTH
AND WELFARE TRUST FUND, et al.

Case No.: C12-4343 YGR
PLAINTIFFS’ REQUEST TO VACATE
CASE MANAGEMENT CONFERENCE

Plaintiffs,
Date:
Time:
Location:

v.
C. APARICIO CEMENT CONTRACTOR,
INC., a California corporation,
Defendant.

Courtroom:

Monday, December 17, 2012
2:00 p.m.
1301 Clay Street
Oakland, California
5, 2nd Floor

Judge: The Honorable Yvonne G. Rogers

Plaintiffs hereby submit their Request to Vacate the Case Management Conference
currently scheduled for Monday, December 17, 2012 at 2:00 p.m. in Courtroom 5.
1.

A Complaint was filed in this action on August 17, 2012 for contributions due to

the Trust Funds for work performed by the employees of Defendant C. Aparicio Cement
Contractor, Inc.
2.

A Judgment Pursuant to Stipulation (“Stipulation”) has been recently executed to

satisfy all amounts due, requiring Defendant to make monthly payments for a period of twelve
(12) months, and to remain current in contributions through that time, until the Stipulation is
satisfied in full. The Stipulation was filed with the court earlier today.
3.

The parties are waiting for the Court to approve, execute, and enter the Judgment.

There is nothing else for the Court to consider relative to this matter; therefore Plaintiffs
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respectfully request that the Court vacate the current Case Management Conference scheduled for
December 17, 2012.
4.

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

in advance of the case management conference date and that the statement must include all
elements requested in the “Standing Order for All Judges of the Northern District of California –
Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
require Plaintiffs to file a case management conference statement, Plaintiffs will do so promptly.
Date: December 3, 2012

SALTZMAN & JOHNSON
LAW CORPORATION
By: ___________/s/_____________
Blake E. Williams
Attorneys for Plaintiffs

IT IS SO ORDERED
The Case Management Conference currently scheduled for December 17, 2012 at 2:00
p.m. is hereby VACATED. All related deadlines are VACATED accordingly.
Date:December 10, 2012
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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