The Board of Trustees, in their Capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Protech Services, Inc.

Filing 19

ORDER by Magistrate Judge Maria-Elena James granting 18 Ex Parte Application to continue Case Management Conference. (rmm2S, COURT STAFF) (Filed on 4/15/2013)

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BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA DIVISION

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THE BOARD OF TRUSTEES, in their capacities
as Trustees of the LABORERS HEALTH AND
WELFARE TRUST FUND FOR NORTHERN
CALIFORNIA; LABORERS VACATIONHOLIDAY TRUST FUND FOR NORTHERN
CALIFORNIA; LABORERS PENSION TRUST
FUND FOR NORTHERN CALIFORNIA; and
LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
CALIFORNIA,

No. 12-cv-1047 MEJ

EX PARTE APPLICATION FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE;
(PROPOSED) ORDER

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Plaintiff,

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v.

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PROTECH SERVICES, INC., a California
corporation, individually and doing business as
PROTECH GENERAL CONTRACTING
SERVICES

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Defendant.

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TO: THE CLERK OF THE COURT AND DEFENDANT PENINSULA BUILDERS, INC.,

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A California Corporation:

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case
Management Conference scheduled for April 18, 2013 at 10:00 a.m. be continued for ninety days
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EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
(PROPOSED) ORDER, CASE NO. 12-CV-1047 MEJ

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to allow Plaintiffs additional time to prepare and serve a Motion for Default Judgment on

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Defendant.

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Plaintiffs filed its Complaint in this matter on February 23, 2012. Defendant was served

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on June 8, 2012. On June 14, 2012, Plaintiffs’ counsel was contacted by Defendant’s counsel,

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Michael M. Noble, who stated that he would be filing an answer. Plaintiffs awaited the filing of

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the answer, which never came. On July 2, 2012, Plaintiffs’ counsel received an Answer by mail

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that had not been filed with the Court. Plaintiffs’ counsel made several phone calls to Mr.

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Noble’s office to notify him of this fact and did not receive a response. On August 6, 2012,

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Plaintiff’s counsel sent Mr. Noble correspondence letting him know that the Answer had not been

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filed and requesting confirmation that Mr. Noble continued to represent the Defendant in this

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matter. Mr. Noble did not respond.

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On October 2, 2012, Plaintiffs requested that the Court enter Defendant’s Default. Default
was entered on October 4, 2012.

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On or around November 16, Plaintiffs’ counsel was contacted by telephone by a new

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attorney representing Defendant, David. S. Barrett. Plaintiffs attempted on various occasions to

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settle this matter with Defendant via Mr. Barrett, as well as to seek payment of the delinquent

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amounts from general contractors, with whom Defendant worked.

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Given that Defendant has stopped responding to Plaintiffs demands for payment or
settlement, Plaintiffs will be filing a Motion for Default Judgment.

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Given these facts, Plaintiffs request that Case Management Conference be continued for

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ninety days in order to allow Plaintiffs additional time to prepare and file this motion.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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Ex Parte Application for Continuance of Case Management Conference;
(Proposed) Order, Case No. 12-cv-1047 MEJ

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The above stated facts are set forth in the accompanying Declaration of Concepción E.

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Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference,

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filed herewith.

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Dated: April 12, 2013

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

/s/ Concepción E. Lozano-Batista
CONCEPCIÓN E. LOZANO-BATISTA
Attorneys for Plaintiffs

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ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Based upon the foregoing Ex Parte Application for Continuance of Case Management

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Order and Declaration of Concepción E. Lozano-Batista in Support of Ex Parte Application to

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Continue Case Management Conference, the Court orders a continuance of the Case Management
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until June 13,2013 at 10:00 a.m.
Conference for 90 days, or as soon thereafter as a court date is available. In addition, the Court

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orders: that counsel serve defendant and/or his counsel with a copy
of this Order.
Dated: April 15, 2013
HONORABLE MARIA ELENA JAMES

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United States District Court Judge
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130385/712155

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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Ex Parte Application for Continuance of Case Management Conference;
(Proposed) Order, Case No. 12-cv-1047 MEJ