The Board of Trustees et al v. De Silva et al

Filing 27

STIPULATION AND ORDER to Vacate Hearing on Motion to Dismiss and for Filling of First Amended Complaint. Signed by Judge Samuel Conti on 9/25/09. (tdm, COURT STAFF) (Filed on 9/28/2009)

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

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] Facsimile [phone] 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; NORTHERN ) CALIFORNIA DISTRICT COUNCIL OF ) LABORERS for itself and on behalf of ) LABORERS' LOCAL 304 ) ) Plaintiffs, ) ) v. ) ) EDWIN OLIVER DE SILVA, Individually; EDWIN OLIVER DE SILVA, Individually and ) ) doing business as DE SILVA GATES ) CONSTRUCTION; DE SILVA GATES ) CONSTRUCTION; DB ELECTRIC, INC., A ) California Corporation; and D & E ) CONSTRUCTION, INC., A California ) Corporation, ) ) Defendants. ) D & E CONSTRUCTION, INC., A California ) ) Corporation, ) Cross-Claimant, ) ) v. ) ) DE SILVA GATES CONSTRUCTION; ) TRAVELERS CASUALTY AND SURETY ) COPMANY OF AMERICA (TRAVELERS); ) No. CV 09 2937 SC

STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING ON MOTION TO DISMISS AND FOR FILING OF FIRST AMENDED COMPLAINT

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Stipulation and [Proposed] Order to Vacate Hearing on Motion to Dismiss and for Filing of First Amended Complaint Case No. CV 09 2937 SC

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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; NORTHERN ) CALIFORNIA DISTRICT COUNCIL OF ) LABORERS for itself and on behalf of ) LABORERS' LOCAL 304 ) The undersigned parties hereby stipulate and request that the Court remove the October 9,

9 2009 hearing on the Motion to Dismiss in the above-captioned matter from the Court's Calendar to 10 allow Defendant and Cross-Claimant D&E Construction, Inc. to file a First Amended Cross11 Complaint against Plaintiffs and Cross-Defendants in this action. The parties agree that D&E 12 Construction, Inc. will file such amended Cross-Complaint by October 2, 2009. 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 [phone]

Dated: September 18, 2009. WEINBERG, ROGER & ROSENFELD A Professional Corporation _ _ //s// CONCEPCIÓN E. LOZANO-BATISTA Attorney for Plaintiffs/Cross-Defendants Dated: September 18, 2009. By: //s// NATHAN D. IDE Attorney for Defendant/Cross-Claimant
122098/544421

ORDER

The Court approves the terms of the above Stipulation and the parties are ordered to comply with this Order. In addition the Court orders:
UNIT ED

Dated: September 25, 2009

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Stipulation and [Proposed] Order to Vacate Hearing on Motion to Dismiss and for Filing of First Amended Complaint Case No. CV 09 2937 SC

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The Honorabledge Samuel ContConti Samuel i Ju Judge of The District Court ER C N F -2DI TO
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