Free Motion to Vacate - District Court of California - California

Case 3:07-cv-05045-MMC

Document 24

Filed 05/23/2008

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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 (415) 882-7900 4 (415) 882-9287 ­ Facsimile [email protected] 5 [email protected] 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 GIL CROSTHWAITE, et al., as Trustees of the 12 OPERATING ENGNEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN 13 CALIFORNIA; et al., 14 15 v. 16 JOHN TAYLOR NORTHROP, individually and dba KRISTIN CONSTRUCTION, 17 Defendants. 18 19 20 Plaintiffs herein respectfully request that the Case Management Conference currently on Plaintiffs, Case No.: C07-5045 MMC PLAINTIFFS' REQUEST TO VACATE CASE MANAGEMENT CONFERENCE

21 calendar for May 30, 2008 be vacated. 22 23 24 25 26 27 28 further stated that it would take the matter under submission on May 30, 2008. /// REQUEST TO VACATE CASE MANAGEMENT CONFERENCE CASE NO.: C07-5045 MMC 1. 2. 3. Default was entered by the Court on December 3, 2007. On April 11, 2008, plaintiffs filed a Motion for Default Judgment. On May 13, 2008, the Court issued an Order Affording Plaintiffs Opportunity to

Submit Supplemental Materials, and vacating the hearing scheduled for May 16, 2008. The Court

P:\CLIENTS\OE3CL\Kristin Construction\Pleadings\C07-5045 MMC CMC Request to Vacate 052208.DOC

Case 3:07-cv-05045-MMC

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Filed 05/23/2008

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1

4.

On May 22, 2008, plaintiffs filed Supplemental Declarations in Support of Default

2 Judgment. 3 4 5 6 7 8 6. Plaintiffs therefore respectfully request that the Case Management Conference, 5. Due to the status of the action, there are no issues to be discussed at a Case

Management Conference other than a hearing on Plaintiffs' Motion.

currently scheduled for May 30, 2008, be vacated. I declare under penalty of perjury that I am the attorney for the plaintiffs in the above

9 entitled action, and that the foregoing is true of my own knowledge. 10 Dated: May 22, 2008 11 12 13 14 15 16 IT IS SO ORDERED. 17 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case By: ______________/s/_________________ Michele R. Stafford Attorneys for Plaintiffs SALTZMAN & JOHNSON LAW CORPORATION

18 Management Conference is hereby vacated. IT IS SO ORDERED. 19 20 Date: _________________________ 21 22 23 24 25 26 27 28
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______________________________________ UNITED STATES DISTRICT COURT JUDGE

REQUEST TO VACATE CASE MANAGEMENT CONFERENCE CASE NO.: C07-5045 MMC

Case 3:07-cv-05045-MMC

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Filed 05/23/2008

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1 2 3 4 5 6 7 8 9 10 I, the undersigned, declare:

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 94104. On May 23, 2008, I served the following document(s): PLAINTIFFS' REQUEST TO VACATE CASE MANAGEMENT CONFERENCE on the interested parties in said action by placing a true and exact copy of each document in a

11 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 12 Francisco, California, addressed as follows: 13 14 15 16 I declare under penalty of perjury that the foregoing is true and correct and that this 17 18 19 20 21 22 23 24 25 26 27 28
P:\CLIENTS\OE3CL\Kristin Construction\Pleadings\C07-5045 MMC CMC Request to Vacate 052208.DOC

John Taylor Northrop dba Kristin Construction 1781 Autumn Meadows Fairfield, California 94585

declaration was executed on this 23rd day of May, 2008, at San Francisco, California.

______________/s/__________________ Vanessa de Fábrega

REQUEST TO VACATE CASE MANAGEMENT CONFERENCE CASE NO.: C07-5045 MMC