District Council 16 Northern California Health and Welfare Trust Fund et al v. Advanced Concrete Technologies, Inc. et al

Filing 19

ORDER GRANTING IN PART PLAINTIFFS' REQUEST FOR EXTENSION OF TIME TO FILE (whalc2, COURT STAFF) (Filed on 2/13/2009)

Case 3:08-cv-04430-WHA

Document 18

Filed 02/12/2009

Page 1 of 3

1 Muriel B. Kaplan, Esq. (SBN 124607) Shaamini A. Babu, Esq. (SBN 230704) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 [phone] 4 [phone]­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C08-4430 WHA REQUEST FOR EXTENSION TO FILE MOTION FOR DEFAULT JUDGMENT OR FIRST AMENDED COMPLAINT; AND DECLARATION OF SHAAMINI A. BABU IN SUPPORT THEREOF Date: Time: Ctrm: Judge: February 26, 2009 8:00 a.m. 9, 19th Floor The Honorable William Alsup

9 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE 10 TRUST FUND, et al., 11 12 Plaintiffs, v.

13 ADVANCED CONCRETE TECHNOLOGIES, INC., aka ADVANCED CONCRETE TECH, 14 INC., and MATTHEW SCOTT RAINES, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. 1.

This is an action brought to recover delinquent fringe benefit contributions owed to

the Plaintiffs by Defendants, as authorized by a collective bargaining agreement and Trust Agreement incorporated therein as well as the Employee Retirement Income Security Act. 2. 3. Default was entered against Defendants on January 9, 2009. On December 24, 2008, I ordered records relating to Defendants from the

California Secretary of State to make certain determinations as to Defendants status, which would be the basis for how Plaintiffs would proceed in this action. For that reason, Plaintiffs had requested that the Case Management Conference scheduled for January 7, 2009, be continued. 4. The date was not continued, and at the Case Management Conference held on

January 7, 2009, the Court granted leave for Plaintiffs to file a Motion for Default Judgment by February 12, 2009. 1

REQUEST FOR EXTENSION TO FILE Case No.: C08-4430 WHA
P:\CLIENTS\FLRCL\Advanced Concrete Technologies\Pleadings\Request for Extension to File MDJ 021209.DOC

Case 3:08-cv-04430-WHA

Document 18

Filed 02/12/2009

Page 2 of 3

1

5.

I only recently received the records ordered from the Secretary of State on

2 January 26, 2009. Thereafter, I reviewed the records, conducted additional research, and further 3 evaluated Plaintiffs' claims. 4 5 2009. 6 7. I contacted Plaintiffs to discuss the Secretary of State records as well as related 6. I was at an out-of-state conference from February 7, 2009, through February 10,

7 information and research, which alerted Plaintiffs to additional relevant issues. Plaintiffs are 8 conducting further investigation regarding an entity that may be a necessary party to this action. 9 Plaintiffs have not yet received all relevant information and completed all investigations. 10 8. As a result, Plaintiffs are unable to file a Motion for Default Judgment until further

11 investigation is complete. 12 9. Based on the foregoing, Plaintiffs respectfully request the Court to grant an

13 extension of sixty (60) days for Plaintiffs to file their Motion for Default Judgment, and 14 accordingly continue the hearing, or to file a First Amended Complaint, so that Plaintiffs have 15 sufficient opportunity to obtain the necessary additional information relevant to said motion or to 16 amend the Complaint. 17 Dated: February 12, 2009 18 19 20 21 IT IS SO ORDERED. 22 The First Amended Complaint or Motion for Default Judgment shall be filed on or before March 12, 2009 _______________________. The hearing for the Motion for Default Judgment, if applicable, 23 shall be set for __________________________ at __________________. S DISTRICT TE C TA pursuant to Civ. Local. Rule 7 and the Supplemental Order (Dkt. No. 8) 24 RED
RT U O
UNIT ED

SALTZMAN & JOHNSON LAW CORPORATION By: _____________/S/__________________ Shaamini A. Babu Attorneys for Plaintiffs

S

26 27 28

ER

N

F D IS T IC T O R

A

C

LI

FO

R NIA

February 13, 2009 25 Date: _________________________

________________________________________ lsup illiam A Ju e W UNITED STATESdgDISTRICT COURT JUDGE
NO

IT IS S

O ORD

E

RT

H
P:\CLIENTS\FLRCL\Advanced Concrete Technologies\Pleadings\Request for Extension to File MDJ 021209.DOC

REQUEST FOR EXTENSION TO FILE Case No.: C08-4430 WHA

2

Case 3:08-cv-04430-WHA

Document 18

Filed 02/12/2009

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 I, the undersigned, declare:

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 9410e. On February 12, 2009, I served the following document(s): REQUEST TO FOR EXTENSION TO FILE MOTION FOR DEFAULT JUDGMENT OR FIRST AMENDED COMPLAINT; AND DECLARATION OF SHAAMINI A. BABU IN SUPPORT THEREOF on the interested parties in said action by First Class U.S. Mail by placing a true and exact copy of

11 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post 12 Office box in San Francisco, California, addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
REQUEST FOR EXTENSION TO FILE Case No.: C08-4430 WHA
P:\CLIENTS\FLRCL\Advanced Concrete Technologies\Pleadings\Request for Extension to File MDJ 021209.DOC

Advanced Concrete Technologies, Inc., aka Advanced Concrete Tech, Inc. 1539 3rd Avenue, Suite C Walnut Creek, California 94597

Matthew Raines 1539 3rd Avenue, Suite C Walnut Creek, California 94597

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 12th day of February, 2009, at San Francisco, California. ______________/s/__________________ Vanessa de Fábrega

3