Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Weber

Filing 16

ORDER RESETTING CMC FROM 8/31/12 TO 10/26/12. Case Management Conference set for 10/26/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 10/19/2012.. Signed by Judge Edward M. Chen on 8/29/12. (bpf, COURT STAFF) (Filed on 8/29/2012)

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Ronald L. Richman, SBN 139189 Susan J. Olson, SBN 152467 Edward D. Winchester, SBN 271500 Bullivant Houser Bailey PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: 415.352.2700 Facsimile: 415.352.2701 E-Mail: ron.richman@bullivant.com E-Mail: susan.olson@bullivant.com E-Mail: edward.winchester@bullivant.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Case No.: CV 12-02038 EMC CASE MANAGEMENT STATEMENT; ORDER THEREON Date: August 31, 2012 Time: 9:00 a.m. Ctroom: 5, 17th Floor Hon. Edward M. Chen Plaintiffs, VS. MURRAY STEVEN WEBER, dba WEBER TRACTOR SERVICE, Defendant. Case No.: CV 12-02039 EMC BOARD OF TRUSTEES OF THE CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE CEMENT MASONS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE CEMENT MASONS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; AND BOARD OF TRUSTEES OF THE CEMENT MASONS TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiffs, . —1— CASE MANAGEMENT STATEMENT; ORDER THEREON 1 VS. 2 MURRAY STEVEN WEBER, dba WEBER TRACTOR SERVICE, 3 Defendant. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Plaintiffs hereby provide this abbreviated case management conference statement. Plaintiffs and Defendant, in both consolidated cases, reached a settlement of this action. The parties have finalized the settlement documents. It was anticipated that by August 30, 212, Defendants would have complied with the fully executed settlement agreement and this case would be dismissed. However, Defendants requested two extra weeks to comply with the fully executed settlement documents. Plaintiffs granted the request since the settlement agreement was fully executed. Therefore, within the next 30 days, either Plaintiffs will file a dismissal of this case or file a Stipulated Judgment against Defendants. This case will not proceed to litigation. Based on the above, Plaintiffs respectfully request that this Court continue the August 31, 2012 Case Management Conference for approximately thirty days. DATED: August 24, 2012 BULLIVANT HOUSER BAILEY PC 19 20 21 22 Ronald L. Richman Susan J. Olson Attorneys for Plaintiffs 23 24 25 26 27 28 —2— CASE MANAGEMENT STATEMENT; ORDER THEREON ORDER Pursuant to the Plaintiffs' request to continue the case management conference and good cause appearing: IT IS HEREBY ORDERED that the August 31, 2012 case management conference be October 26, 2012 continued to September , 2012 at 9:00 a.m.., Courtroom 5, 17 th floor. If the dismissal is filed before the new date set for the case management conference, the case management conference will be vacated. 29 By NO A H ER n M. Che LI RT dward Judge E R NIA HON.O ORDERM. CHEN EDWARD ED S STATES DISTRICT JUDGE IS ITUNITED DIFIED AS MO FO UNIT ED S DISTRICT TE C TA RT U O S DATED: August , 2012 N F D IS T IC T O R C —3— CASE MANAGEMENT STATEMENT; ORDER THEREON CERTIFICATE OF SERVICE I hereby certify that on the 24th day of August, 2012, I caused to be served the foregoing Case Management Statement; Order Thereon MURRAY STEVEN WEBER dba WEBER TRACTOR SERVICE 867 2 nd Avenue, Suite e Redwood City, CA 94063 by: x U.S. Postal Service, ordinary first class mail U.S. Postal Service, certified or registered mail, return receipt requested hand delivery other (specify) Terry S. Bremer 13856771.1 —2— CASE MANAGEMENT STATEMENT; ORDER THEREON

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