The Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Swafford

Filing 12

ORDER by Judge Illston granting 9 Ex Parte Application ; cmc to 8/21/09 (ts, COURT STAFF) (Filed on 4/29/2009)

Case 3:09-cv-00581-SI

Document 9

Filed 04/27/2009

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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, California 94501-1091 Telephone [phone] Fax [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,

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

MELINDA SWAFFORD, Individually; MELINDA SWAFFORD, Individually and doing business as SWAFFORD SWEEPING, and SWAFFORD SWEEPING, Defendants. TO:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No.

C 09 0581 SI

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 May 15, 2009 be continued for ninety days. Plaintiffs served Defendants with the complaint on March 29, 2009, for which proofs of service were filed before this Court with the Summons evidencing such service on April 8, 2009.

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

Case 3:09-cv-00581-SI

Document 9

Filed 04/27/2009

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Given that Defendants have not responded to the Complaint, Plaintiffs filed a Request for Entry of Default. Default was entered against Defendants on April 24, 2009. Plaintiffs will be filing a Motion for Default Judgment in the coming weeks and thus request that the Case Management Conference be continued 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: April 24, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation

By: ________________/s/_______________________ CONCEPCIÓN E. LOZANO-BATISTA
117117/528585

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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:

HONORABLE JAMES LARSON Susan Illston JUDGE OF THE DISTRICT COURT The case management conference is continued to August 21, 2009, at 2:30 p.m.

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-2EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER