The Board of Trustees et al v. Charles B. Harding Construction, Inc.

Filing 27

ORDER GRANTING 24 EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE. The Case Management Conference is now scheduled for February 5, 2010. Signed by Judge Maxine M. Chesney on October 16, 2009. (mmclc2, COURT STAFF) (Filed on 10/16/2009)

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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, California 94501-1091 Telephone [phone] Fax [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE BOARD OF TRUSTEES, in their ) capacities as Trustees of the CEMENT ) MASONS HEALTH AND WELFARE TRUST ) FUND FOR NORTHERN CALIFORNIA, ) CEMENT MASONS PENSION TRUST FUND ) FOR NORTHERN CALIFORNIA, CEMENT ) MASONS VACATION/HOLIDAY TRUST ) FUND FOR NORTHERN CALIFORNIA, ) CEMENT MASONS APPRENTICESHIP AND ) TRAINING TRUST FUND FOR NORTHERN ) CALIFORNIA, ) ) Plaintiff, ) ) v. ) ) CHARLES B. HARDING CONSTRUCTION, ) INC., A California Corporation, ) ) Defendant. ) ) TO: No. CV 09-2053 MMC

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

CHARLES B. HARDING CONSTRUCTION, INC., A California Corporation: Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial case

management conference scheduled for October 27, 2009 be continued for ninety days to allow the Court to decide the Motion for Default Judgment in this matter. The Complaint was served on Defendant, CHARLES B. HARDING CONSTRUCTION, INC. Given that Defendant did not respond to the Complaint, Plaintiffs filed a Request for Entry of Default. Default was entered on August 5, 2009. Plaintiffs filed a Motion for Default Judgment on August 18, 2009. A hearing was held on the Motion on September 29, 2009. A Report and

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Ex Parte Application for Continuance of CMC; (Proposed) Order Case No. 09-2053 MMC

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Recommendation was issued on the Motion on October 6, 2009. Plaintiffs request that the Case Management Conference be continued for ninety days to allow the Court to rule on the Report and Recommendation 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: October 13, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation

By: ________________/s/_______________________ CONCEPCIÓN E. LOZANO-BATISTA
119212/547554

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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 to February 5, 2010. conference for ninety days. In addition, the Court Orders:

DATED: October 16, 2009 HONORABLE ELIABETH D. LAPORTE MAXINE M. CHESNEY JUDGE OF THE DISTRICT COURT

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-2Ex Parte Application for Continuance of CMC; (Proposed) Order Case No. 09-2053 MMC