Opinion
4:22-cv-03004 KAW
08-05-2022
OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Plaintiffs, v. CAPURRO AG SOLUTIONS, LLC, a Suspended California Limited Liability, et al., Defendants.
Matthew P. Minser, Esq. Luz E. Mendoza, Esq. SALTZMAN & JOHNSON LAW CORPORATION Attorneys for Plaintiffs Operating Engineers' Health And Welfare Trust Fund for Northern California, et al.
Matthew P. Minser, Esq.
Luz E. Mendoza, Esq.
SALTZMAN & JOHNSON LAW CORPORATION
Attorneys for Plaintiffs Operating Engineers' Health And Welfare Trust Fund for Northern California, et al.
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER AS MODIFIED
HONORABLE KANDIS A. WESTMORE, MAGISTRATE JUDGE
Plaintiffs hereby respectfully request that the Initial Case Management Conference, currently on Calendar for August 23, 2022, be continued for approximately sixty (60) to ninety (90) days. Good cause exists for the granting of the continuance, as follows:
1. As the Court's records will reflect, Plaintiffs filed a Complaint in this matter on May 22, 2022 against Defendant Capurro AG Solutions, LLC, a Suspended California Limited Liability Company and Defendant Weston K. Capurro for failure to comply with an audit of their payroll records, as well as report and pay contributions, liquidated damages, and interest for the months of April 2020 through April 2022. (Dkt. No. 1.)
2. On or about June 15, 2022, Plaintiffs provided a process server with the Summons, Complaint, and related documents with instructions to serve the documents upon Defendants. Defendant Weston K. Capurro is Capurro AG Solutions, LLC's CEO and designated Agent for Service of Process according to the California Secretary of State (“SOS”). The process server has made numerous attempts to serve the named Defendants at two (2) separate addresses, including the SOS's Agent for Service of Process listed address to no avail.
3. Plaintiffs have diligently attempted to effectuate service of process on Defendants on an ongoing basis since June 15, 2022. Additional attempts to locate and personally serve Defendants continue to be in progress. Should Plaintiffs not be able to serve Defendants, Plaintiffs will attempt to serve the Complaint pursuant to California Code of Civil Procedure Section 415.30(a) and/or 416.10(b).
4. There are no issues that need to be addressed by the parties at the currently scheduled Case Management Conference. In the interest of conserving costs, as well as the Court's time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled Case Management Conference to allow additional time for Plaintiffs to serve Defendants.
Respectfully submitted.
IT IS SO ORDERED.
The currently set Case Management Conference is hereby continued to October 25, 2022 at 1:30 p.m., and all previously set deadlines and dates related to this case are continued accordingly. Case Management Statement due October 18, 2022.