Free Declaration in Support - District Court of California - California

Case 3:07-cv-05056-PJH

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Filed 01/03/2008

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: (415) 392-5431 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE SHEET METAL ) WORKERS, et al., ) ) Plaintiffs, ) ) vs. ) ) TRI-R-STEEL FABRICATION INC., a ) California corporation ) ) ) Defendant. ) ____________________________________ I, MICHAEL J. CARROLL, certify: 1. A Professional

NO.

C 07 5056 PJH

DECLARATION OF ATTORNEY MICHAEL J. CARROLL IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

I am an attorney with the law firm of Erskine & Tulley, Corporation, attorneys for plaintiffs, BOARD OF

TRUSTEES OF THE SHEET METAL WORKERS LOCAL 104 HEALTH CARE PLAN, BOARD OF TRUSTEES OF THE SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA, SHEET METAL WORKERS LOCAL 104 VACATION, HOLIDAY SAVINGS PLAN; ANTHONY ASHER, TRUSTEE, in this action. I am duly admitted to

practice law in the United States District Court, Northern District of California. If called as a witness, I could and would competently

testify as follows:
DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 1

Case 3:07-cv-05056-PJH

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Filed 01/03/2008

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2.

Service was accomplished upon the only party in this No responsive pleading was filed.

case on October 5, 2007. 3.

On December 14, 2007 the Court entered the default on

4.

It is requested that the Court continue the Case

Management Conference some ninety days hence. 5. Good cause exists to grant plaintiffs' request for a

continuance of the Case Management Conference currently set for January 10, 2008 to April 10, 2008 to allow the parties time to settle this case and avoid any unnecessary burden to the Court. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on January 3, 2008 at San Francisco, California. /s/ Michael J. Carroll Michael J. Carroll

DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 2

Case 3:07-cv-05056-PJH

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PROOF OF SERVICE BY MAIL I am a citizen of the United States and employed in the City and County of San Francisco, California. I am over the age of eighteen

years and not a party to the within above entitled action; my business address is 220 Montgomery Street, Suite 303, San Francisco, California 94104. On January 3, 2008 I served the within DECLARATION OF MICHAEL

J. CARROLL IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE on the defendant in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box at San Francisco, California, addressed as follows:

Tri-R-Fabrication Inc. 151 Industrial Way 13 Brisbane, CA 94005
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DECLARATION OF ATTY MICHAEL J. CARROLL IN SUPP OF PLNTFS' EX PARTE APPL FOR ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 3

I, SHARON EASTMAN, certify (or declare), under penalty of perjury that the foregoing is true and correct. Executed on January 3, 2008 at San Francisco, California. /s/Sharon Eastman Sharon Eastman