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

Filing 6

ORDER by Magistrate Judge Maria-Elena James granting 5 Ex Parte Application (rmm2, COURT STAFF) (Filed on 6/6/2012)

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BARRY E. HINKLE, Bar No. 071223
PATRICIA A. DAVIS, Bar No. 179074
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
DANIEL S. BROME, Bar No. 278915
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
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

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No. 12-cv-1085 MEJ

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

PLAINTIFFS’ EX PARTE
APPLICATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Date:
Time:
Room:
Judge:

June 14, 2012
10:00 a.m.
B, 15th Floor
Hon. Maria-Elena James

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Plaintiff,
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v.
SIERRA EQUIPMENT RENTAL, INC., a
California Corporation,

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Defendant.

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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 Case Management
Conference scheduled for June 14, 2012 at 10:00 a.m. be continued for ninety (90) days to allow
Plaintiffs to either amend the complaint or to file a Motion for Default Judgment.
Plaintiffs filed the complaint in this case on March 5, 2012. Defendant Sierra Equipment
Rental, Inc., a California Corporation (“Defendant”) was served by substituted service, which was
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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER

CASE NO. 12-CV-1085 MEJ

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deemed complete April 28, 2012. Plaintiffs are currently seeking relief through Defendant’s

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insurer, and may amend the complaint to name the insurance company as a defendant. Therefore,

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although Defendant is in default, Plaintiffs have not yet requested an entry of Default.

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Plaintiffs will either amend the complaint to name the insurance company, or will seek an

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entry of default against Defendant, and then move for default judgment. Accordingly, Plaintiffs

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respectfully request that the Court continue the Case Management Conference set for June 14,

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2012 for ninety (90) days, to allow time for amendment or for a Motion for Default Judgment to be

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heard.

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The above stated facts are set forth in the accompanying declaration of Daniel S. Brome in

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

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Dated: June 4, 2012

Weinberg, Roger & Rosenfeld
A professional corporation

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By:

/S/ Daniel S. Brome
DANIEL S. BROME
Attorneys for Plaintiff

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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 TO CONTINUE CMC; [PROPOSED] ORDER

Case No. 12-cv-1085 MEJ

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[PROPOSED] ORDER
Based upon the foregoing Ex Parte Application to Continue Case Management

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Conference and Declaration of Daniel S. Brome in support thereof, the Court orders the

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continuance of the case management conference for ninety (90) days, or as soon thereafter as a

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court date is available. In addition, the Court Orders:

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The Case Management Conference is continued
to September 27, 2012 at 10:00 a.m., in
Courtroom B, 15th Floor.

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June 6, 2012
Dated: ____________________

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_________________________________________
HONORABLE MARIA ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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130517/670994

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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 TO CONTINUE CMC; [PROPOSED] ORDER

Case No. 12-cv-1085 MEJ

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PROOF OF SERVICE
(CCP §1013)

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I am a citizen of the United States and resident of the State of California. I am employed
in the County of Alameda, State of California, in the office of a member of the bar of this Court,
at whose direction the service was made. I am over the age of eighteen years and not a party to
the within action.

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On June 4, 2012, I served the following documents in the manner described below:

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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
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DECLARATION OF DANIEL BROME IN SUPPORT OF EX PARTE APPLICATION
TO CONTINUE CMC
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(BY U.S. MAIL) I am personally and readily familiar with the business practice of
Weinberg, Roger & Rosenfeld for collection and processing of correspondence for
mailing with the United States Parcel Service, and I caused such envelope(s) with
postage thereon fully prepaid to be placed in the United States Postal Service at
Alameda, California.

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(BY MESSENGER SERVICE) by consigning the document(s) to an authorized courier
and/or process server for hand delivery on this date.

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(BY FACSIMILE) I am personally and readily familiar with the business practice of
Weinberg, Roger & Rosenfeld for collection and processing of document(s) to be
transmitted by facsimile and I caused such document(s) on this date to be transmitted by
facsimile to the offices of addressee(s) at the numbers listed below.

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(BY OVERNIGHT MAIL) I am personally and readily familiar with the business
practice of Weinberg, Roger & Rosenfeld for collection and processing of
correspondence for overnight delivery, and I caused such document(s) described herein
to be deposited for delivery to a facility regularly maintained by United Parcel Service
for overnight delivery.

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On the following part(ies) in this action:

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Karrie Kendall
Sierra Equipment Rental, Inc.
8175 Country Road 44
Glenn, CA 95943

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on June 4, 2012, at Alameda, California.
/s/ Stephanie Mizuhara
Stephanie Mizuhara

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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 TO CONTINUE CMC; [PROPOSED] ORDER

Case No. 12-cv-1085 MEJ