F.G. Crosthwaite et al v. Calex Engineering Company et al

Filing 34

ORDER GRANTING 33 Joint MOTION to Continue Case Management Conference. Case Management Statement due by 10/10/2014. Case Management Conference set for 10/17/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 7/21/14. (jjoS, COURT STAFF) (Filed on 7/22/2014)

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Case4:13-cv-01718-JSW Document33 Filed07/17/14 Page1 of 2 1 5 Michele R. Stafford, Esq. (SBN 172509) Shivani Nanda, Esq. (SBN 253891) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 (415) 882-7900 (415) 882-9287 – Facsimile mstafford@sjlawcorp.com snanda@sjlawcorp.com 6 Attorneys for Plaintiffs 7 10 David Napper, Esq. Chapman Glucksman Dean Roeb & Barger 11900 W. Olympic Blvd., Suite 800 Los Angeles, CA 90064 (310) 207-7722 (310) 207-6550 – Facsimile dnapper@cgdrblaw.com 11 Attorneys for Defendants 2 3 4 8 9 12 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 F.G. CROSTHWAITE, et al., 16 Plaintiffs, 17 Case No.: C13-1718 JSW v. 18 19 20 21 22 23 24 25 JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON CALEX ENGINEERING COMPANY, a California Partnership; CALEX ENGINEERING, INC., a California Corporation; EARTHWORK SYSTEMS INC., a California Corporation; and DOES 1 through 10, inclusive; Date: Time: Location: July 25, 2014 11:00 a.m. 450 Golden Gate Avenue San Francisco, CA Courtroom: 11 Judge: Jeffrey S. White Defendants. Plaintiffs and Defendants jointly request that the Case Management Conference, currently on calendar for July 25, 2014, be continued for 70 - 90 days. 1. Plaintiffs F.G. Crosthwaite, et al., and named Defendants Calex Engineering 26 Company, a California Partnership; Calex Engineering, Inc., a California Corporation; Earthwork 27 Systems Inc., a California Corporation, through their attorneys, have reached a conditional 28 settlement. Said parties have executed a Stipulation for Entry of Judgment Upon Default, -1JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C13-01718 JSW P:\CLIENTS\OE3CL\CALEX ENGINEERING CO\PLEADINGS\CV13-1718 JSW JOINT REQUEST TO CONTINUE CMC 071714.DOC Case4:13-cv-01718-JSW Document33 Filed07/17/14 Page2 of 2 1 (“Stipulation”) which provides a payment plan to allow Defendants to satisfy their debt to the 2 Plaintiff Trust Funds by making monthly payments. Said Stipulation allows Plaintiffs to obtain 3 judgment against the named Defendants and a personal guarantor in the event that Defendants fail 4 to timely cure any default thereunder. A copy of the signed Stipulation was attached as Exhibit A to 5 the previous Joint Request to Continue Case Management Conference (Dkt. #31) filed in this 6 matter. 7 2. Defendants have made ten of twelve stipulated payments as required, and are 8 otherwise in compliance with the Stipulation. The parties anticipate filing a notice of dismissal 9 upon bank clearance of Defendant’s twelve and final installment payment. 10 3. In the interest of conserving costs as well as the Court’s time and resources, 11 Plaintiffs and Defendants respectfully request that the Case Management Conference, currently 12 scheduled for July 25, 2014, be continued for 70 - 90 days to allow for completion of the payment 13 plan and verification of bank clearance of Defendant’s final stipulated payment. 14 Dated: July 17, 2014 SALTZMAN & JOHNSON LAW CORPORATION 15 /S/ Michele R. Stafford, Esq. Attorneys for Plaintiffs 16 17 18 19 Dated: July 17, 2014 CHAPMAN GLUCKSMAN DEAN ROEB & BARGER 20 /S/ David Napper, Esq. Attorneys for Defendants 21 22 23 IT IS SO ORDERED. October 17 The currently set Case Management Conference is hereby continued to ___________, 2014 24 11:00 a.m. at _________, and all previously set deadlines and dates related to this case are continued 25 accordingly. 26 July 21, 2014 Date: ____________________ 27 THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE 28 -2JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C13-01718 JSW P:\CLIENTS\OE3CL\CALEX ENGINEERING CO\PLEADINGS\CV13-1718 JSW JOINT REQUEST TO CONTINUE CMC 071714.DOC

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