Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. Superhall Mechanical Inc

Filing 36

ORDER RESETTING BRIEFING DEADLINE AND HEARING DATE 35 Declaration in Support, filed by Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California, Sheet Metal Workers Local 104 Vacation, Holiday Savings Plan, Sheet Metal Workers Pension Trust of Northern California, Bruce Word. Signed by Judge Edward M. Chen on 6/1/11. (bpf, COURT STAFF) (Filed on 6/1/2011)

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ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (St. Bar #50246)
3030 Bridgeway, Suite 121
Sausalito, CA 94965
Telephone: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE SHEET METAL )
WORKERS, et al.,
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Plaintiffs,
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vs.
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SUPERHALL MECHANICAL INC., etc.,
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Defendant.
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____________________________________ )

NO.

C 10 2212 EMC

DECLARATION OF ATTORNEY
MICHAEL J. CARROLL
REQUESTING ADDITIONAL
TIME TO RESPOND TO THE
COURT’S ORDER DATED
5/25/11 AND TO RESET THE
MOTION FOR DEFAULT
JUDGMENT; ORDER

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I, MICHAEL J. CARROLL, certify:

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1.

I am an attorney with the law firm of Erskine & Tulley,

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A

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TRUSTEES OF THE SHEET METAL WORKERS HEALTH CARE PLAN OF NORTHERN

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CALIFORNIA, SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA,

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SHEET METAL WORKERS LOCAL 104 VACATION, HOLIDAY SAVINGS PLAN; BRUCE

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WORD, TRUSTEE, in this action.

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the United States District Court, Northern District of California.

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If called as a witness, I could and would competently testify as

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follows:

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Professional

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Corporation,

attorneys

for

plaintiffs,

BOARD

OF

I am duly admitted to practice law in

I am out of town on the East Coast and have been since

DECLARATION OF ATTY MICHAEL J. CARROLL REQUESTING ADDITIONAL TIME TO RESPOND TO THE
COURT’S ORDER DATED 5/25/11 AND TO RESET THE MOTION FOR DEFAULT JUDGMENT; ORDER
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the morning of Wednesday, May 25, 2011.

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3.

I did not pick up e-mail until today.

I learned that

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at 2:09 p.m. on Wednesday May 25, 2011 Judge Chen issued an Order

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regarding Supplemental Briefing and/or Evidence.

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by Declaration or documents.

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I am not in a position to respond to the Court’s Order

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It is requested that the Court grant me additional time

to respond to its Order to June 15, 2011.

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6.

It is also requested that the Court reset the hearing

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on the Motion for Default Judgment to June 22, 2011 or a date

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thereafter at the Court’s convenience.

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7.

Good cause exists to grant plaintiffs’ request for a

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additional time to respond to the Court’s Order for Supplemental

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Briefing and/or Evidence because of the impossibility of plaintiffs’

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attorney to respond at this time and to reset the date for the hearing

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on the Motion for Default Judgment to avoid any unnecessary burden to

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the Court.

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I declare under penalty of perjury that the foregoing is
true and correct to the best of my knowledge.
Executed on May 31, 2011 at Manchester, New Hampshire.

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/s/ Michael J. Carroll
Michael J. Carroll

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S

____________________________________
ERED
O ORD
SChen
Judge Edward M.
IT IS
en

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ER

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RT

FO

NO

DECLARATION OF ATTY MICHAEL J. CARROLL REQUESTING ADDITIONAL ward M. Ch
TIME TO RESPOND TO THE
Ed
COURT’S ORDER DATED 5/25/11 AND TO RESET THE MOTION FOR Judge
DEFAULT JUDGMENT; ORDER
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A

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UNIT
ED

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IT IS SO ORDERED.
6/1/11
Dated: _______________

S DISTRICT
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O R D E R

R NIA

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C

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PROOF OF SERVICE BY MAIL
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I am a citizen of the United States and employed in the City of
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Sausalito, County of Marin, California. I am over the age of eighteen
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years and not a party to the within above entitled action; my business
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address is 3030 Bridgeway, Suite 121, Sausalito, CA 94965. On May 31,
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2011 I served the within DECLARATION OF MICHAEL J. CARROLL REQUESTING
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ADDITIONAL TIME TO RESPOND TO THE COURT’S ORDER DATED 5/25/11 AND TO
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RESET THE MOTION FOR DEFAULT JUDGMENT on the defendant in said action,
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by placing a true copy thereof enclosed in a sealed envelope with
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postage thereon fully prepaid, in the United States post office mail
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box at Rio Vista, addressed as follows:
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Superhall Mechanical Inc.
Emmanuel Denchukwu
P. O. Box 5653
Hercules, CA 94547

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I, DIANE ANDRADE, certify (or declare), under penalty of perjury that
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the foregoing is true and correct.
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Executed on May 31, 2011 at Rio Vista, California.
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/s/Diane Andrade
DIANE ANDRADE