Free Order on Motion to Continue - District Court of California - California

Case 3:08-cv-00680-PJH

Document 11

Filed 04/29/2008

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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 HAMMAN'S INC., and JAMES DEAN 17 HAMMAN, 18 19 20 21 Plaintiffs respectfully request that the Case Management Conference currently scheduled Defendants. Courtroom: 3, 17th Floor Judge: The Honorable Phyllis J. Hamilton Time: 2:30 p.m. Plaintiffs, Case No.: C08-0680 PJH REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Date: May 8, 2008

22 for May 8, 2008, at 2:00 p.m., be continued for approximately 30-60 days, as follows: 23 24 25 26 /// 27 28 ///
-1REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE
P:\CLIENTS\OE3CL\Hammans Inc\Pleadings\C08-0680 PJH - CMC Continuance Request 042408.DOC

1. 2.

A Complaint was filed in this action on January 29, 2008. Defendants failed to appear or defend the action, and the clerk entered default in

favor of Plaintiffs on March 6, 2008.

Case No.: C08-0680 PJH

Case 3:08-cv-00680-PJH

Document 11

Filed 04/29/2008

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1

3.

Although defendants did not to appear in this action, defendants agreed to

2 discuss settlement to satisfy all amounts due. The terms of the settlement are currently being 3 4 5 6 7 for approximately 30-60 days, and that all other dates and deadlines in this action be vacated and continued, to allow the parties to draft and execute the necessary documents to resolve this action. worked out between the parties. 4. Plaintiffs therefore request that the Case Management Conference be continued

8 In the event that defendants have not signed a Settlement Agreement by that date, plaintiffs will 9 file a Motion for Default Judgment. 10 11 12 13 14 15 16 17 18 19 20 The 21 22 July 3 ____________________2008 at 2:30 p.m. A Case Management Statement shall be filed by Case Management Conference in this action is hereby continued to IT IS SO ORDERED. By: _______________/s/_______________ Michele R. Stafford Attorneys for Plaintiffs SALTZMAN & JOHNSON LAWCORPORATION I declare under penalty of perjury that I am the attorney for the plaintiffs in the above entitled action, and that the foregoing is true to the best of my knowledge and belief. Executed this 24th day of April, 2008 at San Francisco, California.

June 26 23 ______________________2008. All calendar dates and deadlines are hereby vacated, to be reset 24 at the Case Management Conference. 4/29/08 Dated:________________________
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Case 3:08-cv-00680-PJH

Document 11

Filed 04/29/2008

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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 April 25, 2008, I served the following document(s): REQUEST FOR CONTINUANCE OF 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-3REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE
P:\CLIENTS\OE3CL\Hammans Inc\Pleadings\C08-0680 PJH - CMC Continuance Request 042408.DOC

sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, California, addressed as follows: James D. Hamman Agent for Service of Process Hamman's Inc. 9550 Occidental Road Sebastopol, California 95472 James D. Hamman 9550 Occidental Road Sebastopol, California 95472

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 25th day of April, 2008, at San Francisco, California.

______________/s/__________________ Vanessa de Fábrega

Case No.: C08-0680 PJH