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)

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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 (415) 882-7900 (415) 882-9287 – Facsimile 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 -1PROOF OF SERVICE Case No.: C12-4343 YGR G:\YGRALL\ECF-Ready\12-4343, F.G.Crosthwaite v C. Aparicio-Vacate CMC.docx 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 -2PROOF OF SERVICE Case No.: C12-4343 YGR G:\YGRALL\ECF-Ready\12-4343, F.G.Crosthwaite v C. Aparicio-Vacate CMC.docx

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