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CERTIFICATION BY PLAINTIFFS COUNSEL THAT AGREED CONSIDERATION HAS NOT BEEN PAID;

ORDER 1

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 Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE SHEET METAL

WORKERS, et al., 

Plaintiffs, vs. 

 

ACOSTA SHEET METAL MANUFACTURING

COMPANY, INC., a California

corporation, 

Defendant. ____________________________________

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NO. C 09 1307 SI

CERTIFICATION BY

PLAINTIFFS COUNSEL THAT

AGREED CONSIDERATION

HAS NOT BEEN PAID; 

ORDER

I, MICHAEL J. CARROLL, certify:

 I am counsel for plaintiff in this case and familiar with

the following facts:

On February 18, 2009, Defendant signed a Stipulation for

Judgment which provided for a payment plan that should have

resulted in payment within one year. On July 9, 2009 this court

signed an Order for Conditional Dismissal containing that time

limit. Unfortunately the defendant has had to request relief from

the terms of the Stipulation twice because economic conditions made

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CERTIFICATION BY PLAINTIFFS COUNSEL THAT AGREED CONSIDERATION HAS NOT BEEN PAID;

ORDER 1

it unable to pay promised installments.

Plaintiffs have just granted the Defendant relief from

the payment plan for a second time. At this point in time

$59,179.50 remains due in contributions alone. It is clear that

the judgment consideration will not be paid off within the 365 days

stated in the Order For Conditional Dismissal filed in July 2009.

Plaintiffs respectfully request that the action be

restored to the civil active calendar, although no dates need to be

set yet.

I declare under penalty of perjury that the foregoing is

true and correct to the best of my knowledge.

Executed on February 17, 2010 at San Francisco,

California.

 /s/ Michael J. Carroll

Michael J. Carroll 

Order

IT IS SO ORDERED.

Dated: ________________ UNITED STATES DISTRICT COURT

_________________________________

Honorable Susan Illston

2/18/10

The initial case management conference has been scheduled to occur

on Friday, March 12, 2010, at 2:30 p.m.

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PROOF OF SERVICE

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, California 94104. On February 17, 2010 I served the

within CERTIFICATION BY PLAINTIFFS COUNSEL THAT AGREED

CONSIDERATION HAS NOT BEEN PAID; ORDER 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:

Sal J. Acosta

Acosta Sheet Metal

930 Remillard Court

San Jose, CA 95122

I, SHARON EASTMAN, certify (or declare), under penalty of perjury

that the foregoing is true and correct.

Executed on February 17, 2010 at San Francisco, California.

 /s/Sharon Eastman

 Sharon Eastman

Case 3:09-cv-01307-SI Document 8 Filed 02/18/10 Page 3 of 3