The Board of Trustees et al v. Castillo et al

Filing 19

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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1 2 3 4 5 6 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 7 Attorneys for Plaintiffs/ Judgment Creditors 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 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, 21 22 23 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. 10 Hon. Erica P. Grosjean Plaintiffs, 19 20 No. 15-MC-00037-EPG v. SAMUEL MAGANA CASTILLO, individually and doing business as CONCRETE BY SMC; and CONCRETE BY SMC, Defendants. 24 25 26 27 28 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 1 Plaintiffs’ Motion for Order Determining Claim of Exemption came on for hearing on 2 December 4, 2015 at 10:00 a.m. in the Courtroom of United States Magistrate Judge Erica P. 3 Grosjean of the United States District Court for the Eastern District of California, located at 2500 4 Tulare Street, Department 10, Fresno, California. Plaintiffs THE BOARD OF TRUSTEES, in 5 their capacities as Trustees of the CEMENT MASONS HEALTH AND WELFARE TRUST 6 FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS PENSION TRUST FUND FOR 7 NORTHERN CALIFORNIA; CEMENT MASONS VACATION/HOLIDAY TRUST FUND 8 FOR NORTHERN CALIFORNIA; and CEMENT MASONS APPRENTICESHIP AND 9 TRAINING TRUST FUND FOR NORTHERN CALIFORNIA (hereinafter “Trust Funds” or 10 “Plaintiffs”) were represented by Tracy Mainguy of Weinberg, Roger & Rosenfeld, who appeared 11 telephonically; Defendant made no appearance. 12 The Court intends to recommend that Defendant’s claim of exemption be denied. Based 13 on Plaintiffs’ representation that the U.S. Marshal may release the property at issue before such 14 recommendations can be adopted by the United States District Judge assigned to this case, 15 however, and good cause appearing, IT IS HEREBY ORDERED that the U.S. Marshal is 16 DIRECTED to hold the property claimed to be exempt, which is the $13,580.00 in accounts 17 receivable remitted to the U.S. Marshal by Dale Atkins Contractor in response to a levy, pending 18 the United States District Judge’s adoption of the Court’s Findings and Recommendations 19 regarding the claim of exemption. 20 The Court’s Findings and Recommendations will follow the issuance of this Order. 21 22 23 24 IT IS SO ORDERED. Dated: December 4, 2015 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 1 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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