Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. RMT Landscape Contractors Inc et al

Filing 8

ORDER EXTENDING TIME FOR DEFENDANT TO APPEAR 7 Proposed Order, filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern Califor nia, 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. Signed by Judge Edward M. Chen on 3/25/11. (bpf, COURT STAFF) (Filed on 3/25/2011)

Board of Trustees of the Laborers Health and Welfare Trust Fund for...andscape Contractors Inc et al

Doc. 8

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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.: C 11-00561 EMC REQUEST TO EXTEND TIME TO ALLOW DEFENDANTS TO APPEAR; ORDER THEREON

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 RMT LANDSCAPE CONTRACTORS, INC., a California corporation; RICK LOUIS DE 20 HERRERA, an individual, 21 22 23 24 25 26 27 28 Plaintiffs hereby provide this Court with a Request to Extend Time to Allow Defendants to appear in this case, based upon the following. On February 7, 2011 Plaintiffs 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"). Defendant RMT Landscape Contractors, Inc. ("RMT") was served on February 10, 2011. RMT's responsive pleading was due on or before March 3, 2011. Plaintiffs were Defendants.

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REQUEST TO EXTEND TIME TO ALLOW DEFENDANTS TO APPEAR; ORDER THEREON Dockets.Justia.com

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having some difficulty serving its RMO/CEO/President, Defendant Rick Louis De Herrera ("De

2 Herrera"). 3 In early March, 2011 Plaintiffs' counsel was contacted by Richard N. Hill, a partner at

4 Littler Mendelson in San Francisco, advising counsel that he believed he would be retained by 5 6 7 8 RMT and Herrera. Mr. Hill further advised Plaintiffs' counsel that once retained, he would accept service of process on behalf of Defendant Herrera. On March 22, 2011 Plaintiffs filed with this Court the Notice and Acknowledgment of Receipt of Summons and Complaint ("Notice and Acknowledgment") executed by Mr. Hill on

9 behalf of Defendant Herrera. Defendant Herrera's responsive pleading is due on or before April 10 11 12, 2011. Counsel for Plaintiffs and counsel for Defendants have conferred and are attempting to

12 resolve this case via informal settlement discussions. Plaintiffs and Defendants need additional 13 14 15 16 time to attempt to resolve this case in lieu of further litigation. Based on the above, Plaintiffs respectfully request that this Court grant Defendants up to and including April 29, 2011 to file a responsive pleading. The Initial Case Management Conference is scheduled for May 25, 2011, with the parties' Rule 26(f) Reports, Initial

17 Disclosures and Case Management Statement being due on May 18, 2011. As of this date, 18 19 20 21 22 23 24 25 26 27 28 --2--
REQUEST TO EXTEND TIME TO ALLOW DEFENDANTS TO APPEAR; ORDER THEREON

Plaintiffs are not requesting that these dates be re-scheduled, but will advise the Court prior to May 18, 2011 if progress towards settlement is being made in and a further continuance of the Case Management Conference and other deadlines are requested. DATED: March 24, 2011 BULLIVANT HOUSER BAILEY PC

By

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Ronald L. Richman Susan J. Olson

Attorneys for Plaintiffs

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ORDER
Pursuant to Plaintiffs' request and good cause appearing: IT IS HEREBY ORDERED that Defendants shall have up to and including April 29, 2011 to file a responsive pleading in this case. No other deadlines in the Order Setting Initial Case Management Conference and ADR Deadlines are changed, at this time. DATED: March 25, 2011

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HON. EDWARD M. CHEN D UNITED STATES DISTRICT JUDGE RDERE

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REQUEST TO EXTEND TIME TO ALLOW DEFENDANTS TO APPEAR; ORDER THEREON

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