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
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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 (510) 337-1001
Fax (510) 337-1023
E-Mail: 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
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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
(510) 337-1001
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
(510) 337-1001
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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
(510) 337-1001
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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
(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.
(BY MESSENGER SERVICE) by consigning the document(s) to an authorized courier
and/or process server for hand delivery on this date.
(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.
(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
(510) 337-1001
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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
Case No. 12-cv-1085 MEJ
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