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
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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 (510) 337-1001
Fax (510) 337-1023
E-Mail: bhinkle@unioncounsel.net
clozano@unioncounsel.net
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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
(510) 337-1001
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
(510) 337-1001
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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
(510) 337-1001
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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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