The Board of Trustees, Laborers Health and Welfare Trust Fund for Northern California et al v. RMT Landscape Contractors, Inc.

Filing 10

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 5 Ex Parte Application FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Ex Parte Application FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Judge James Larson on 12/23/08. (jlsec, COURT STAFF) (Filed on 12/23/2008)

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Case 3:08-cv-04586-JL Document 5 Filed 12/19/2008 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 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 (510) 337-1001 Facsimile (510) 337-1023 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. ) RMT LANDSCAPE CONTRACTORS, INC., A ) ) California Corporation, ) ) Defendant. ) ) ) TO: No. C 08 4586 JL EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER THE CLERK OF THE COURT AND DEFENDANT RMT LANDSCAPE Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial case CONTRACTORS, INC., A California Corporation: management conference scheduled for January 7, 2009 be continued for ninety days. 28 Ex Parte Application for Continuance of Case Management Conference; (Proposed) Order Case No. C 08 4586 JL Case 3:08-cv-04586-JL Document 5 Filed 12/19/2008 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiffs served Defendant with the complaint on October 14, 2008, for which proofs of service were filed before this Court with the Summons evidencing such service on October 28, 2008. Given that Defendant RMT Landscape, Inc. has not responded to the Complaint, Plaintiffs are filing a Request for Entry of Default concurrently with this request. Plaintiffs wish to continue the Case Management Conference for ninety days. 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 19, 2008 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: ________________/s/_______________________ CONCEPCIÓN E. LOZANO-BATISTA 119542/515407 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 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 for ninety days. In addition, the Court Orders: The Case Management Conference has been continued to April 8, 2009 at 10:30 a.m. DATED: December 23, 2008 HONORABLE JAMES LARSON JUDGE OF THE DISTRICT COURT 28 -2Ex Parte Application for Continuance of Case Management Conference; (Proposed) Order Case No. C 08 4586 JL

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