Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Peak Engineering, Inc. et al

Filing 13

ORDER GRANTING re 12 Case Management Statement and Request to Continue Case Management Conference filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retrain ing Trust Fund for Northern California, Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the Laborers Pension Trust Fund for Northern California Case Management Conference re-set for 10/22/2010 at 01:30 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 8/30/10. (klh, COURT STAFF) (Filed on 8/30/2010)

Board of Trustees of the Laborers Health and Welfare Trust Fund for ... Peak Engineering, Inc. et al

Doc. 13

1 2 3 4 5 6 7 8 9

Ronald L. Richman, SBN 139189 Susan J. Olson, SBN 152467 BULLIVANT HOUSER BAILEY PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: [phone] Facsimile: 415.352.2701 E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No.: CV10-2303 JCS CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON Date: September 3, 2010 Time: 1:30 p.m. Ctroom: A, 15`" Floor Hon. Joseph C. Spero

10 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE 11 TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF 12 THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN 13 CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND 14 FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE 15 LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN 16 CALIFORNIA, 17 18 V. Plaintiffs,

19 PEAK ENGINEERING, INC., a California corporation; 20 Defendant. 21 22 23 24 25 26 27 28 Plaintiffs Laborers Trust Funds filed their Complaint For Damages for Breach of Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, For Breach of Fiduciary Duty and For A Mandatory Injunction ("Complaint") against Defendant Peak Engineering, Inc. on May 26, 2010 seeking to recover employee fringe benefit contributions on behalf of Peak Engineering, Inc.'s covered employees. The Complaint was served on defendant Peak Engineering, Inc. on June 25, 2010. Peak Engineering, Inc. failed to file a responsive pleading.
--

1--
Dockets.Justia.com

CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
12782705.1

On August 27, 2010 Plaintiffs filed their Request for Clerk's Entry of Default. Plaintiffs intend to proceed via a motion for default judgment. Plaintiffs anticipate that the motion will be filed within the next 45 days. Based on the above, Plaintiffs respectfully request that the Case Management Conference be continued for 45 days to allow sufficient time for the filing of a motion for default judgment. DATED: August 27, 2010 BULLIVANT HOUSER BAILEY PC

By

itt°

.

Z

Ronald L. Richman Susan J. Olson Attorneys for Plaintiffs
ORDER

Pursuant to Plaintiffs' request and good cause appearing: IT IS HEREBY ORDERED that the Case Management Conference be continued to October 22 , 2010, Courtroom A, 15 th Floor at 1:30 p.m.
UNIT ED
S DISTRICT TE C TA

S

DATED: August 30 , 2010

ER

N

F D IS T IC T O R

24 25 26 27 28 --2--
CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

A

C

LI

FO

HON. JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE Spero
Judge Jo seph C.

R NIA

RT U O

NO

RT

H