The Board of Trustees et al v. Luong et al

Filing 21

ORDER GRANTING 19 Ex Parte Application to Continue Case Management Conference. Case Management Statement due by 5/31/2013. Case Management Conference set for 6/7/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 1/30/13. (jjoS, COURT STAFF) (Filed on 1/30/2013)

Case3:12-cv-03888-JSW Document19 Filed01/25/13 Page1 of 3

1
2
3
4
5

BARRY E. HINKLE, Bar No. 071223
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]

6
7
Attorneys for Plaintiff
8
9
UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA DIVISION

11
12
13
14
15
16
17

THE BOARD OF TRUSTEES, in their
capacities as Trustees of the CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA,
CEMENT MASONS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA, CEMENT
MASONS VACATION/HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA,
CEMENT MASONS APPRENTICESHIP AND
TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,

20
21

EX PARTE APPLICATION FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE;
(PROPOSED) ORDER

Plaintiffs,

18
19

No. 3:12-cv-03888-JSW

v.
DAT VIHN LUONG; DAT VIHN LUONG,
individually and doing business as D L
CONSTRUCTION; and D L
CONSTRUCTION,

22
Defendants.

23
24
25

TO: THE CLERK OF THE COURT AND DEFENDANTS DAT VIHN LUONG; DAT

26

VIHN LUONG, individually and doing business as D L Construction; and D L

27

CONSTRUCTION:

28
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

30

EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
(PROPOSED) ORDER
CASE NO. 3:12-CV-03888-JSW

1

31

Case3:12-cv-03888-JSW Document19 Filed01/25/13 Page2 of 3

1

Management Conference, currently scheduled for February 1, 2013 at 1:30 p.m. be continued for

2

ninety days to allow the Parties time to resolve this matter.

3

Plaintiffs filed the Complaint in this matter on July 25, 2012. Defendants were served

4

with the Summons and Complaint on November 29, 2012, and Proofs of Service were filed with

5

this Court on December 5, 2012. Although Defendants have not filed an Answer or other

6

responsive pleading, they have contacted Plaintiffs and the Parties are attempting to settle this

7

case. If they are unable to do so, Plaintiffs will request that the Clerk enter Defendants’ default,

8

and will then move the Court for default judgment. Therefore, Plaintiffs request that Case

9

Management Conference be continued for ninety days in order to allow the Parties additional

10
11
12

time to resolve the case through settlement.
The above stated facts are set forth in the accompanying Declaration of Daniel S. Brome
in Support of Ex Parte Application to Continue Case Management Conference, filed herewith.

13
14

Dated: January 25, 2013
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

15
16

By:

/s/ Daniel S. Brome
DANIEL S. BROME
Attorneys for Plaintiffs

17
18
19

ORDER CONTINUING CASE MANAGEMENT CONFERENCE
20
Based upon the foregoing Ex Parte Application for Continuance of Case Management
21
22
23

Order and Declaration of Daniel S. Brome in Support of Ex Parte Application to Continue Case
the case management conference is continued to
Management Conference, the Court orders a continuance of the Case Management Conference
June 7, 2013 at 1:30 p.m.
for 90 days, or as soon thereafter as a court date is available. In addition, the Court orders:

24
25

Dated: January 29, 2013
HONORABLE JEFFREY S. WHITE

26

United States District Judge
27

129990/672627701600

28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

30

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

31

2
EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
(PROPOSED) ORDER
CASE NO. 3:12-CV-03888-JSW