Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Cal-Kirk Lanscaping Inc

Filing 77

AMENDED ORDER re 76 Order on Ex Parte Application resetting CMC from 5/25/12 to 8/24/12 at 9:00 a.m. Copy mailed to defendant.. Signed by Judge Edward M. Chen on 5/22/12. (bpf, COURT STAFF) (Filed on 5/22/2012)

Case3:08-cv-03292-EMC Document76 Filed05/22/12 Page1 of 3

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BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
KRISTINA M. ZINNEN, Bar No. 245346
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BOARD OF TRUSTEES, in their capacities as )
Trustees of the LABORERS HEALTH AND
)
WELFARE TRUST FUND
)
FOR NORTHERN CALIFORNIA; LABORERS
)
VACATION-HOLIDAY TRUST FUND FOR
)
NORTHERN CALIFORNIA; LABORERS
)
PENSION TRUST FUND FOR NORTHERN
)
CALIFORNIA; and LABORERS TRAINING AND )
RETRAINING TRUST FUND FOR NORTHERN )
CALIFORNIA; NORTHERN CALIFORNIA
)
DISTRICT COUNCIL OF LABORERS for itself and )
on behalf of LABORERS’ LOCAL 139
)
)
Plaintiffs,
)
)
v.
)
)
CAL-KIRK LANDSCAPING, INC., A California
)
Corporation,
)
)
Defendant.
)
)

No.

CV 08-3292 EMC

PLAINTIFFS’ EX PARTE REQUEST
TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER (Amended)

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Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the Case Management
Conference scheduled for May 25, 2012 at 9:00 a.m. be continued for 60 days. The Court entered
Defendant’s default on March 6, 2012. Plaintiffs are preparing a Motion for Default Judgment,
which they anticipate they will file within the next two weeks, with a requested hearing date 35
days thereafter. Plaintiffs therefore respectfully request that the Case Management Conference

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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PLAINTIFFS’ EX PARTE REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
No.
CV 08-3292 EMC

Case3:08-cv-03292-EMC Document76 Filed05/22/12 Page2 of 3

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scheduled for May 25, 2012 be continued for 60 days, or until after the hearing on Plaintiffs’

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Motion for Default Judgment, whichever is later.

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Dated: May 18, 2012

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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/s/Kristina M. Zinnen
KRISTINA M. ZINNEN
Attorneys for Plaintiffs

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[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
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Based upon the foregoing Ex Parte Request to Continue Case Management Conference,
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the Court orders the continuance of the case management conference for 60 days, or as soon
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thereafter as a court date is available. In addition, the Court Orders:
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S

DERED
SO OR ED
IT IS
DIFI
AS MO

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A

H

ER

n

M. Che

LI

RT

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NO

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dward
Judge E

R NIA

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S DISTRIC
TE Edward M.T C
The Honorable
Chen
TA
United States District Court Judge

FO

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May 22, 2012

RT
U
O

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Dated:

UNIT
ED

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CMC is reset from 5/25/12
to 8/24/12 at 9:00 a.m.
No further extension will
be granted without good
cause.

N

F
D IS T IC T O
R

C

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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PLAINTIFFS’ EX PARTE REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
No.
CV 08-3292 EMC

Case3:08-cv-03292-EMC Document76 Filed05/22/12 Page3 of 3

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PROOF OF SERVICE

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I am a citizen of the United States, and a resident of the State of California. I am over the
age of eighteen years, and not a party to the within action. My business address is 1001 Marina
Village Parkway, Suite 200, Alameda, California 94501-1091. On May 18, 2012, I served upon
the following parties in this action:
Cal Kirk Landscaping, Inc., A
California Corporation
2905 Saint Louis Road
Arcata, CA 95521

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copies of the document(s) described as:
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PLAINTIFFS’ EX PARTE REQUEST TO CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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[X]

BY MAIL I placed a true copy of each document listed herein in a sealed envelope,
addressed as indicated herein, and caused each such envelope, with postage thereon fully
prepaid, to be placed in the United States mail at Alameda, California. I am readily
familiar with the practice of Weinberg, Roger & Rosenfeld for collection and processing
of correspondence for mailing, said practice being that in the ordinary course of business,
mail is deposited in the United States Postal Service the same day as it is placed for
collection.

[]

BY PERSONAL SERVICE I placed a true copy of each document listed herein in a
sealed envelope, addressed as indicated herein, and caused the same to be delivered by
hand to the offices of each addressee.

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BY OVERNIGHT DELIVERY SERVICE I placed a true copy of each document listed
herein in a sealed envelope, addressed as indicated herein, and placed the same for
collection by Overnight Delivery Service by following the ordinary business practices of
Weinberg, Roger & Rosenfeld, Alameda, California. I am readily familiar with the
practice of Weinberg, Roger & Rosenfeld for collection and processing of Overnight
Delivery Service correspondence, said practice being that in the ordinary course of
business, Overnight Delivery Service correspondence is deposited at the Overnight
Delivery Service offices for next day delivery the same day as Overnight Delivery Service
correspondence is placed for collection.

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BY FACSIMILE I caused to be transmitted each document listed herein via the fax
number(s) listed above or on the attached service list.

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I certify that the above is true and correct. Executed at Alameda, California, on
May 18, 2012.
/s/Laureen D. Arnold
Laureen D. Arnold

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115853/669198

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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PLAINTIFFS’ EX PARTE REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
No.
CV 08-3292 EMC