Trustees of the Bricklayers Local No. 3 Pension Trust et al v. Honore et al

Filing 13

ORDER resetting CMC 12 Case Management Statement,, filed by Trustees of the Bricklayers Local 7 Pension Trust. Signed by Judge Edward M. Chen on 9/14/10. (bpf, COURT STAFF) (Filed on 9/14/2010)

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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 Kent Khtikian, Esq. (#99843) Conor D. Mack, Esq. (#253878) Katzenbach and Khtikian 1714 Stockton Street, Suite 300 San Francisco, California 94133-2930 Telephone: (415) 834-1778 Facsimile: (415) 834-1842 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) CASE NO. CV 10-00917 EMC ) ) CASE MANAGEMENT ) STATEMENT; ) [Proposed] ORDER ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) Date: September 29, 2010 DAMIAN GREGORY HONORE, doing business as ) Time: 1:30 p.m. D & L MASONRY, ) Courtroom: C, 15th Floor ) Defendant. ) ________________________________________________) Pursuant to this Court's Civil Local Rule 16-9 and FRCivP 16(b) Plaintiffs submit this Case Management Statement And Proposed Order. The Plaintiffs respectfully request that the Court stay the instant matter and continue the Case Management Conference for 120 days, until January 26, 2010 due to Defendant Damian Gregory Honore's petition for protection under Chapter 13 of the Bankruptcy Act, currently CASE MANAGEMENT STATEMENT; [Proposed] ORDER CV 10-0917 EMC TRUSTEES OF THE BRICKLAYERS LOCAL NO. 3 PENSION TRUST; TRUSTEES OF THE BRICKLAYERS LOCAL 7 PENSION TRUST; TRUSTEES OF THE BRICKLAYERS LOCAL NO. 3 HEALTH AND WELFARE TRUST; TRUSTEES OF THE BRICKLAYERS AND ALLIED CRAFTS LOCAL NO. 3 APPRENTICE TRAINING TRUST; INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS AFL-CIO, LOCAL UNION NO. 3, on behalf of itself and as agent for its members; TRUSTEES OF THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS PENSION FUND, 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 pending in the U.S. Bankruptcy Court, Northern District of California (Case No. 10-43821 LT). There is an automatic stay as to Defendant pending the resolution of the bankruptcy case. Respectfully submitted, Katzenbach & Khtikian Dated: September 13, 2010 By: /s/ Kent Khtikian W. Kent Khtikian Attorneys for Plaintiffs [Proposed] ORDER The Court hereby orders that the case management conference set for September 29, 1 2:30 2010 at 1:30 p.m. is reset for January 26, 2010 at 1:30 p.m. A case management statement shall 1 be filed by January 19, 2010. IT IS SO ORDERED ER N F D IS T IC T O R CASE MANAGEMENT STATEMENT; [Proposed] ORDER CV 10-0917 EMC A C LI FO Hon. Edward M. Chen United States Magistrate Judge n M. Che Edward Judge R NIA 9/14/10 Dated:_______________________ UNIT ED D RDERE S SO O IT I ____________________________ S S DISTRICT TE C TA RT U O NO RT H 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 PROOF OF SERVICE BY MAIL I am a resident of the County of San Francisco, California. I am over the age of eighteen years and not a party to this action. My business address is Katzenbach and Khtikian, 1714 Stockton Street, Suite 300, San Francisco, California 94133. I served the within: 1. CASE MANAGEMENT STATEMENT; [Proposed] ORDER on the parties remaining in the action herein, by placing a true copy thereof enclosed in a sealed envelope with first class postage thereon fully prepaid in the United States Mail at San Francisco, California, on September 13, 2010 addressed as follows: Damian Gregory Honore D & L Masonry 7718 Millbrook Ave. Dublin, CA 94568 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on September 13, 2010. /s/ Cheri Yau Cheri Yau CASE MANAGEMENT STATEMENT; [Proposed] ORDER CV 10-0917 EMC 3

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