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 4 Ex Parte Application to continue Case Management Conference. (rmm2, COURT STAFF) (Filed on 6/5/2012)
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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 June 14, 2012 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 locate and serve Defendant with the Complaint and
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Summons.
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Plaintiffs filed its Complaint in this matter on February 23, 2012. Since that time,
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Plaintiffs have attempted to serve Defendant with the Summons and Complaint in this matter, but
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have been unable to do so. Given these facts, Plaintiffs request that Case Management
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Conference be continued for ninety days in order to allow Plaintiffs additional time to locate and
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serve Defendant.
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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: June 4, 2012
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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Conference for 90 days, or as soon thereafter as a court date is available. In addition, the Court
Case Management Conference is
orders: continued to September 27, 2012
at 10:00 a.m., Courtroom B,
15th Flr.
Dated: June 5, 2012
HONORABLE MARIA ELENA JAMES
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United States District Court Judge
130385/670907
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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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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,
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DECLARATION OF CONCEPCIÓN E.
LOZANO-BATISTA IN SUPPORT OF
EX PARTE APPLICATION FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE
Plaintiff,
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No. 12-cv-1047 MEJ
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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I, CONCEPCIÓN E. LOZANO-BATISTA, declare as follows:
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1.
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I am a shareholder in the law firm of Weinberg, Roger & Rosenfeld, located at
1001 Marina Village Parkway, Suite 200, Alameda, California, 94501-1091, the attorneys for
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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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DECLARATION ISO APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
CASE NO. 12-CV-1047 MEJ
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Plaintiffs in this matter. I have knowledge of the facts stated in this Declaration and I could and
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would testify competently thereto.
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2.
Plaintiffs filed their Complaint in this matter on February 23, 2012.
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3.
Since that time, Plaintiffs have attempted to serve Defendant with the Summons
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and Complaint in this matter, but have been unable to do so.
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Given these facts, Plaintiffs believe that the Case Management Conference set for
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June 14, 2012 should be continued for ninety days in order to allow Plaintiffs additional time to
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locate and serve Defendant.
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I declare under penalty of perjury that the foregoing is true and correct.
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Dated: June 4, 2012
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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130385/670910
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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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Declaration ISO Application for Continuance of Case Management Conference;
Case No. 12-cv-1047 MEJ
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