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 5

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 [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 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
[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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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,

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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
[phone]

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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
[phone]

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Declaration ISO Application for Continuance of Case Management Conference;
Case No. 12-cv-1047 MEJ