Free Declaration in Support - District Court of California - California

Case 3:07-cv-03207-SI

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Filed 10/04/2007

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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 Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE NORTHEN CALIFORNIA FLOOR COVERING, et al.

) ) ) Plaintiff, ) ) vs. ) ) BEVIL'S FLOOR SERVICE, INC., a ) California corporation ) ) Defendant. ) ____________________________________ ) I, MICHAEL J. CARROLL, certify: 1.

NO.

C 07 3207 JL

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

I am an attorney with the law firm of Erskine & Tulley,

A Professional Corporation, attorneys for plaintiff, BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA FLOOR COVERING INDUSTRY WELFARE FUND; STEVE HAVENS, 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: 2. Service was accomplished upon the only party in this No responsive pleading was filed.

case on July 9, 2007. 3.

Substantial payments have been paid.

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-03207-SI

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Filed 10/04/2007

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4.

Settlement discussions are now in progress with the

5.

It

is

requested

that

the

Court

continue

the

Case

Management Conference some sixty days hence. 6. Good cause exists to grant plaintiff's request for a

continuance of the Case Management Conference currently set for October 10, 2007 to December 12, 2006 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 October 4, 2007 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-03207-SI

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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, CA 94104. On October 4, 2007 I served the within DECLARATION OF ATTORNEY 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: Bevil's Floor Service, Inc. 533 Burke Street San Jose, CA 95112 I, SHARON EASTMAN, certify (or declare), under penalty of perjury that the foregoing is true and correct. Executed on October 4, 2007 at San Francisco, California. /s/Sharon Eastman Sharon Eastman