The Board of Trustees et al v. Castillo et al
Filing
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ORDER That U.S. Marshal Not Release Property Claimed as Exempt Until District Court Rules on Magistrate Judge's Report and Recommendation signed by Magistrate Judge Erica P. Grosjean on 12/4/2015. (Martinez, A)
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BARRY E. HINKLE, Bar No. 071223
TRACY L. MAINGUY, Bar No. 176928
KRISTINA M. ZINNEN, Bar No. 245346
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone (510) 337-1001
Fax (510) 337-1023
E-Mail: bhinkle@unioncounsel.net
tmainguy@unioncounsel.net
kzinnen@unioncounsel.net
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Attorneys for Plaintiffs/ Judgment Creditors
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THE BOARD OF TRUSTEES, in their
capacities as Trustees of the CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA;
CEMENT MASONS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; CEMENT
MASONS VACATION/HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA; and
CEMENT MASONS APPRENTICESHIP AND
TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,
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ORDER THAT U.S. MARSHAL NOT
RELEASE PROPERTY CLAIMED AS
EXEMPT UNTIL DISTRICT COURT
RULES ON MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Date:
Time:
Dept.:
Judge:
December 4, 2015
10:00 a.m.
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Hon. Erica P. Grosjean
Plaintiffs,
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No. 15-MC-00037-EPG
v.
SAMUEL MAGANA CASTILLO, individually
and doing business as CONCRETE BY SMC;
and CONCRETE BY SMC,
Defendants.
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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
(510) 337-1001
ORDER THAT U.S. MARSHAL NOT RELEASE PROPERTY CLAIMED AS EXEMPT UNTIL DISTRICT
COURT RULES ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Case No. 15-MC-00037-EPG
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Plaintiffs’ Motion for Order Determining Claim of Exemption came on for hearing on
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December 4, 2015 at 10:00 a.m. in the Courtroom of United States Magistrate Judge Erica P.
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Grosjean of the United States District Court for the Eastern District of California, located at 2500
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Tulare Street, Department 10, Fresno, California. Plaintiffs THE BOARD OF TRUSTEES, in
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their capacities as Trustees of the CEMENT MASONS HEALTH AND WELFARE TRUST
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FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS PENSION TRUST FUND FOR
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NORTHERN CALIFORNIA; CEMENT MASONS VACATION/HOLIDAY TRUST FUND
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FOR NORTHERN CALIFORNIA; and CEMENT MASONS APPRENTICESHIP AND
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TRAINING TRUST FUND FOR NORTHERN CALIFORNIA (hereinafter “Trust Funds” or
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“Plaintiffs”) were represented by Tracy Mainguy of Weinberg, Roger & Rosenfeld, who appeared
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telephonically; Defendant made no appearance.
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The Court intends to recommend that Defendant’s claim of exemption be denied. Based
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on Plaintiffs’ representation that the U.S. Marshal may release the property at issue before such
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recommendations can be adopted by the United States District Judge assigned to this case,
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however, and good cause appearing, IT IS HEREBY ORDERED that the U.S. Marshal is
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DIRECTED to hold the property claimed to be exempt, which is the $13,580.00 in accounts
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receivable remitted to the U.S. Marshal by Dale Atkins Contractor in response to a levy, pending
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the United States District Judge’s adoption of the Court’s Findings and Recommendations
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regarding the claim of exemption.
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The Court’s Findings and Recommendations will follow the issuance of this Order.
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IT IS SO ORDERED.
Dated:
December 4, 2015
/s/
UNITED STATES MAGISTRATE JUDGE
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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
(510) 337-1001
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ORDER THAT U.S. MARSHAL NOT RELEASE PROPERTY CLAIMED AS EXEMPT UNTIL DISTRICT
COURT RULES ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Case No. 15-MC-00037-EPG
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