Laborers Health and Welfare Trust Fund for Northern California et al v. Calhoun Brothers Grading & Paving, Inc.

Filing 20

ORDER GRANTING PLAINTIFF'S EX PARTE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE by Judge William Alsup [granting 16 Ex Parte Application. PLAINTIFF SHALL PLEASE SERVE A COPY OF THIS ON DEFENDANT. (whasec, COURT STAFF) (Filed on 12/4/2008)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

BARRY E. HINKLE, Bar No. 071223 PATRICIA A. DAVIS, Bar No. 179074 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone [phone] Facsimile [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) 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, ) ) Plaintiffs, ) ) v. ) ) CALHOUN BROTHERS GRADING & ) PAVING, INC., a California Corporation, ) ) Defendant. ) TO:

Case No.

08-4191 WHA

EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER

THE CLERK OF THE COURT AND DEFENDANT CALHOUN BROTHERS Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial case

GRADING & PAVING, INC., a California Corporation: management conference scheduled for December 11, 2008 be continued to January 15, 2009, the date set for the hearing on Plaintiffs' Motion for Default Judgment. Plaintiffs served Defendant with the complaint on September 27, 2008. Proofs of service were filed before this Court with the Summons evidencing such service on October 8, 2008. Given

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Ex Parte Application to Continue Case Management Conference; [Proposed] Order

Case No. 08-4191 WHA

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that Defendant did not respond to the Complaint, Plaintiffs filed a Request for Entry of Default on October 31, 2008. Default was entered by the clerk against Defendant on November 4, 2008. On November 20, 2008, Plaintiffs filed a Motion for Default Judgment and set the hearing on the motion for January 15, 2009. Plaintiffs were recently contacted by Defendant and their counsel who have proposed settling this matter. Plaintiffs will keep the Court informed of any developments and have notified Defendant's counsel of their desire to continue the Case Management Conference to January 15, 2009. Plaintiffs wish to continue the Case Management Conference to coincide with the hearing on the Motion for Default Judgment. The above stated facts are set forth in the accompanying declaration of Concepción E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, filed herewith. Dated: December 4, 2008 WEINBERG, ROGER & ROSENFELD A Professional Corporation

By: ________________/s/_______________________ CONCEPCIÓN E. LOZANO-BATISTA

ORDER CONTINUING CASE MANAGEMENT CONFERENCE Based upon the foregoing Ex Parte Application for Continuance of Case Management Order and Declaration of Concepción E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, the Court orders a continuance of the case management conference to January 15, 2009. In addition, the Court Orders: the case management conference shall immediately follow the hearing on plaintiff's motion for default judgment.
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Judge William Alsup

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DATED: December 4, 2008.

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

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HONORABLE WILLIAM ORDERED ALSUP O IT IS S JUDGE OF THE DISTRICT COURT
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Case No. 08-4191 WHA