Mucklow et al v. Amaral & Sons, Inc.

Filing 19

ORDER granting 17 Ex Parte Application to Continue Case Management Conference; [Proposed] Order filed by Rosemary Mucklow, Mike Fursman. Case Management Statement due by 3/20/2012. Initial Case Management Conference set for 3/27/2012 03:00 PM in Courtroom E, 15th Floor, San Francisco. Signed by Magistrate Judge Elizabeth D. Laporte on 12/28/2011. (hlk, COURT STAFF) (Filed on 12/28/2011)

Case3:11-cv-02420-EDL Document17 Filed12/27/11 Page1 of 3

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LINDA BALDWIN JONES, Bar No. 178922
KRISTINA M. ZINNEN, Bar No. 245346
EZEKIEL D. CARDER, Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [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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ROSEMARY MUCKLOW; MIKE
FURSMAN, in their capacities as Trustees of
the NORTHERN CALIFORNIA UFCW
WHOLESALE HEALTH & WELFARE
FUND,

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Plaintiffs,
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v.
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AMARAL & SONS, INC., a California
Corporation,

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Defendant.

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No.

C 11-2420 EDL

EX PARTE APPLICATION TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the Case Management
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Conference scheduled for January 3, 2012 at 10:00 a.m. be continued for sixty (60) days.
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Plaintiffs filed their Complaint for Breach of Contract, Damages, and Audit on May 18,
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2011. Defendant Amaral & Sons, Inc. (hereinafter “Defendant”) was served with the Complaint
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via personal service on Jackie Amaral on July 30, 2011, for which proof of service with summons
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was filed with the Court on August 8, 2011. After Defendant failed to timely answer or otherwise
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respond to the Complaint, the Court entered Defendant’s default on September 2, 2011.
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On September 2, 2011, counsel for Jackie Amaral filed a letter with the Court alleging,
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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Case No. C 11-2420 EDL

Case3:11-cv-02420-EDL Document17 Filed12/27/11 Page2 of 3

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without supporting evidence, that Ms. Amaral was not an officer, director, or shareholder of

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Defendant, and therefore not legally obligated to respond to the Complaint. (Document No. 14.)

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Counsel stated he represented Ms. Amaral and not the Defendant corporation.
On November 3, 2011, Ms. Amaral submitted a declaration to Plaintiffs stating that her

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deceased husband Wilbert Anthony Amaral and his brother, Marvin R. Amaral, were the equal and

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sole shareholders of Amaral & Sons, Inc., a California Corporation.
On November 16, 2011, Plaintiffs received documents from the California Secretary of

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State in response to a request for information. These documents indicated that Defendant filed a

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Certificate of Dissolution on September 12, 2011.
Based on this information, Plaintiffs intend to amend the Complaint to add as Defendants

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Marvin R. Amaral, as shareholder of dissolved corporation Amaral & Sons, Inc., pursuant to

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California Corporations Code § 2011(a)(3), and Marvin R. Amaral, individually, pursuant to

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California Corporations Code § 2011(a)(1)(B).
Given these facts, Plaintiffs respectfully request that the Case Management Conference be

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continued for sixty days to allow Plaintiffs time to file a First Amended Complaint adding these

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new defendants.
The above stated facts are set forth in the accompanying declaration of Kristina M. Zinnen

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in Support of Ex Parte Application to Continue Case Management Conference, filed herewith.

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Dated: December 22, 2011
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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///

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///

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///

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/s/
KRISTINA M. ZINNEN
Attorneys for Plaintiffs

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-2EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Case No. C 11-2420 EDL

Case3:11-cv-02420-EDL Document17 Filed12/27/11 Page3 of 3

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[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Based upon the foregoing Ex Parte Application to Continue Case Management Conference,

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and Declaration of Kristina M. Zinnen in support thereof, the Court orders the continuance of the

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case management conference for 60 days, or as soon thereafter as a court date is available. In

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addition, the Court Orders:

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at 3:00 p.m.

the Case Management Conference is continued to March 27, 2012

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. Laport

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Judge E

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The Honorable Elizabeth ERLaporte
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United States District

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Dated: December 28, 2011

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway
Suite 200
Alameda, CA 94501-1091
510.337.1001

-3EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Case No. C 11-2420 EDL