The Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Zolman Construction and Development, Inc.

Filing 16

ORDER by Judge Illston granting 14 Ex Parte Application ; case management conference continued to 8/7/09 @ 2:30 p.m. (ts, COURT STAFF) (Filed on 5/21/2009)

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Case 3:09-cv-00703-SI Document 14 Filed 05/19/2009 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 28 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. 203786 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. ) ) ZOLMAN CONSTRUCTION AND ) DEVELOPMENT, INC., a California ) Corporation, ) ) Defendant. ) TO: No. CV-09-0703 SI EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER THE CLERK OF THE COURT AND DEFENDANT ZOLMAN CONSTRUCTION Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial case AND DEVELOPMENT, INC., and its counsel of record: management conference scheduled for May 29, 2009 be continued for sixty days. Plaintiffs served Defendant with the complaint on March 11, 2009, for which proofs of service were filed before this Court with the Summons evidencing such service on March 24, 2009. Defendant filed an Answer to the Complaint on May 8, 2009, pursuant to a Stipulation to Set Aside EX PARTE APPLICATION FOR CONTINUANCE OF CMC; (PROPOSED) ORDER Case No. CV-09-0703 SI Case 3:09-cv-00703-SI Document 14 Filed 05/19/2009 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 the Entry of Default. The parties are in the process of settling this matter and anticipate that they will come to some resolution of this case in the coming thirty (30) days. Accordingly, the parties wish to continue the Case Management Conference currently scheduled to avoid unnecessary expenses and to promote the efficient use of judicial resources. 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: May 19, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: ________________/s/_______________________ CONCEPCIÓN E. LOZANO-BATISTA 118808/531467 13 14 ORDER CONTINUING CASE MANAGEMENT CONFERENCE 15 16 17 18 19 20 DATED: 21 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 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 sixty days. In addition, the Court Orders: HONORABLE SUSAN ILLSTON JUDGE OF THE DISTRICT COURT The case maangement conference has been continued to Friday, August 7, 2009, at 2:30 p.m. -2EX PARTE APPLICATION FOR CONTINUANCE OF CMC; (PROPOSED) ORDER Case No. CV-09-0703 SI

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