Free Motion to Continue - District Court of California - California

Case 3:07-cv-04995-CRB

Document 12

Filed 11/20/2007

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 120 Howard Street, Suite 520 3 San Francisco, CA 94105 (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 DUN ENGINEERING SERVICES, INC., and MARK THOMAS JONES, 17 Defendants. 18 19 Plaintiffs, Date: November 30, 2007 Time: 10:00 a.m. Judge: Honorable Charles Breyer Case No.: C07-4995 CRB REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

Plaintiffs hereby request continuance of the Case Management Conference currently set for

20 November 30, 2007 at 10:00 a.m. before the Honorable Charles R. Breyer: 21 22 of today's date. I provided them with an extension of time to respond so that they could schedule 23 24 25 their audit (as requested in the Complaint) with the Trust Funds' auditors. 2. The auditors advise that they are waiting for further information from the 1. Defendants have retained counsel, but have not filed a response to the Complaint as

26 defendant, and that the audit will be completed shortly. 27 /// 28 REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE CASE NO.: C07-4995 CRB
P:\CLIENTS\OE3CL\Dun Engineering\Pleadings\C07-4995 CRB Request to Continue CMC 112007.DOC

Case 3:07-cv-04995-CRB

Document 12

Filed 11/20/2007

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1

3.

I therefore request that the Case Management Conference be continued for

2 approximately 60 days to allow the audit to be completed, and billed to the defendant. I am 3 4 5 6 7 8 9 10 11 IT IS SO ORDERED. By: __________/s/________________ Michele R. Stafford, Esq. Attorneys for Plaintiffs hopeful that this matter will be resolved without further litigation. Dated: November 20, 2007 SALTZMAN AND JOHNSON LAW CORPORATION

The currently set Case Management Conference is hereby continued to __________________________ at __________________, and all previously set deadlines and 12 dates related to this case are vacated, to be reset at that Conference. 13 14 Date: _________________________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE CASE NO.: C07-4995 CRB
P:\CLIENTS\OE3CL\Dun Engineering\Pleadings\C07-4995 CRB Request to Continue CMC 112007.DOC

__________________________________ United States District Court Judge

Case 3:07-cv-04995-CRB

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Filed 11/20/2007

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1 2 3 4 5 6 7 8 9 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 120 Howard Street, Suite 520, San Francisco, California 94105. On November 20, 2007, I served the following document(s): REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

10 on the interested parties in said action by placing a true and exact copy of each document in a 11 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 REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE CASE NO.: C07-4995 CRB
P:\CLIENTS\OE3CL\Dun Engineering\Pleadings\C07-4995 CRB Request to Continue CMC 112007.DOC

sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San

William Hancock, Esq. 575 E. Locust Ave., Suite 203 Fresno, CA 93720

declaration was executed on this 20th day of November, 2007, at San Francisco, California.

________________/s/________________ Vanessa de Fábrega