Pension Trust Fund For Operating Engineers et al v. Raisch Company et al

Filing 29

ORDER that the Clerk's default against defendants Raisch Co and A.J. Raisch Paving Co. is hereby vacated re 28 Stipulation filed by F. G. Crosthwaite, Raisch Company, Russell E. Burns, A.J. Raisch Paving Co., Pension Trust Fund For Operating Engineers. Signed by Judge Charles R. Breyer on 6/14/2011. (beS, COURT STAFF) (Filed on 6/14/2011)

Case3:11-cv-01250-CRB Document28

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Filed06/12/11 Page1 of 2

WAYNE A. SILVER, Esq. (108135)
333 West El Camino Real, Suite 310
Sunnyvale, California 94807
Tel. [phone]
Fax. [phone]
Email: [e-mail]
Attorney for Defendants,
RAISCH COMPANY and A.J. RAISCH PAVING CO.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PENSION TRUST FUND FOR OPERATING
ENGINEERS; F.G. CROSTHWAITE and
RUSSELL E. BURNS, as Trustees,

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Plaintiffs,

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vs.

Case No.: CV11-1250-CRB
STIPULATION TO SET ASIDE
CLERK’S DEFAULT AGAINST
RAISCH COMPANY AND A. J.
RAISCH PAVING COMPANY
[PROPOSED ORDER]

RAISCH COMPANY, et al.,

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Defendants.

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COME NOW, Plaintiffs PENSION TRUST FUND FOR OPERATING ENGINEERS; F.G.

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CROSTHWAITE and RUSSELL E. BURNS, as Trustees (“Plaintiffs”), and Defendants RAISCH

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COMPANY, a California corporation and A. J. RAISCH PAVING COMPANY, a California

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corporation (“Defendants”), and hereby stipulate and agree as follows:

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Plaintiffs obtained a Clerk’s default against all named defendants on May 9, 2011.

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2.

Defendants answered Plaintiffs’ Complaint on May 10, 2011.

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Plaintiffs and Defendants hereby stipulate and agree to set aside the Clerk’s Default as to

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Defendants RAISCH COMPANY, a California corporation and A. J. RAISCH PAVING

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COMPANY, a California corporation only. Plaintiffs reserve all rights, claims and remedies against

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all defendants, including but not limited to their right to object to the defenses on the basis that they

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may have been waived since the Answer was untimely.

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Stipulation To Set Aside Clerk’s Default Against Raisch Company And A. J. Raisch Paving
Company

Case3:11-cv-01250-CRB Document28

Filed06/12/11 Page2 of 2

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Dated: June 11, 2011

/s/ Wayne A. Silver
Wayne A. Silver, attorney for Defendants
RAISCH COMPANY and A.J. RAISCH
PAVING CO.

Dated: June__, 2010

SALTZMAN & JOHNSON

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By:/s/ Shaamini Babu
Shaamini Babu, attorney for Plaintiffs,
PENSION TRUST FUND FOR
OPERATING ENGINEERS; F.G.
CROSTHWAITE and RUSSELL E.
BURNS, as Trustees

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ORDER

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RAISCH COMPANY and A.J. RAISCH PAVING CO. is hereby vacated.

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S

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harles
Judge C

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IT IS S

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U.S. District Court Judge

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R. Brey

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Dated: June __, 2011
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UNIT
ED

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RT
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S DISTRICT
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_________________________________

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LI

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Good cause appearing, the Stipulation is approved and the Clerk’s default against Defendants

A

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N

F
D IS T IC T O
R

C

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Stipulation To Set Aside Clerk’s Default Against Raisch Company And A. J. Raisch Paving
Company