Opinion
Case No.: C11-0454 SC
11-14-2011
GIL CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et al., Plaintiffs, v. JAMES RAY BECK, individually, and dba JRB GRADING & PAVING aka JRB GRADING & PAVING, LLC., a Limited Liability Company, Defendants.
Michele R. Stafford, Esq. (SBN 172509) Blake E. Williams, Esq. (SBN 233158) SALTZMAN & JOHNSON LAW CORPORATION Attorneys for Plaintiffs Andrew B. Kreeft, Esq. (SBN 126673) Sergio H. Parra, Esq. (SBN 247682) Bohnen, Rosenthal & Kreeft Attorneys for Defendants
Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
SALTZMAN & JOHNSON LAW CORPORATION
Attorneys for Plaintiffs
Andrew B. Kreeft, Esq. (SBN 126673)
Sergio H. Parra, Esq. (SBN 247682)
Bohnen, Rosenthal & Kreeft
Attorneys for Defendants
JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Date: November 18, 2011
Time: 10:00 a.m.
Courtroom: 1, 17th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
Judge: Honorable Samuel Conti
Plaintiffs and Defendants jointly request that the Case Management Conference scheduled for November 18, 2011, at 10:00 a.m. be continued for approximately 45 days, as follows:
1. On May 27, 2011, Plaintiffs filed an Amended Complaint in Crosthwaite v. Paul T. Beck Contractors, Inc. ("PTB Matter"), Case No C10-0151-SC, to include all Defendants named in this Action as co-Defendants on a theory of alter ego liability.
2. On June 24, 2011, all Defendants filed their Answer to the Amended Complaint in the PTB Matter.
3. On July 15, 2011, Plaintiffs filed an Administrative Motion to Consider Whether this Matter should be related to the PTB Matter, Pursuant to Civil Local Rule 3-12.
4. On July 22, 2011, the Court issued a Related Case Order, relating the two matters before the Honorable Samuel Conti.
5. The Parties are currently engaged in active settlement discussions and are working toward an informal resolution of this Matter. It is the consensus of the Parties that if a settlement can be reached outside of Court, it will be reached in the next several weeks. All Defendants are aware that if a resolution cannot be reached informally, Plaintiffs will file a Motion for Summary Judgment against all Defendants named in the PTB Matter.
6. Given the state of the Parties' settlement discussions, there is nothing to discuss at a Case Management Conference at the present time.
7. We therefore jointly request that the Case Management Conference be continued for approximately 45 days to allow the Parties time to conclude their settlement discussions. All related deadlines (such as Rule 26 disclosures) shall also be continued along with the Case Management Conference.
SALTZMAN & JOHNSON
LAWCORPORATION
Blake E. Williams
Attorneys for Plaintiffs
BOHNEN, ROSENTHAL & KREEFT
Sergio H. Parra
Attorneys for Defendants
IT IS SO ORDERED.
The currently set Case Management Conference is hereby continued to 3/9/12 at 10.00 a.m.. related deadlines are extended accordingly.
Samuel Conti
UNITED STATES DISTRICT JUDGE
PROOF OF SERVICE:
I, the undersigned, declare:
I 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 November 10, 2011, I served the following document(s) on the parties to this action in the manner described below:
JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE XX ELECTRONICALLY by causing said document to be electronically filed using the Court's Electronic Court Filing ("ECF") System and service was completed by electronic means by transmittal of a Notice of Electronic Filing on the registered participants of the ECF System.
To:
Andrew B. Kreeft, Esq.
Sergio H. Parra, Esq.
Bohnen, Rosenthal & Kreeft
787 Munras Avenue, Suite 200
Monterey, California 93940
VIA ECF
Attorneys for Defendants
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 10th day of November, 2011, at San Francisco, California.
__________________________
Elise Thurman