The Board of Trustees, in their Capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Tim Kruse Construction, Inc.
Filing
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ORDER GRANTING 12 Ex Parte Application to Continue Case Management Conference. Case Management Statement due by 4/12/2013. Initial Case Management Conference set for 4/19/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 2/12/13. (jjoS, COURT STAFF) (Filed on 2/12/2013)
Case3:12-cv-05322-JSW Document12 Filed02/11/13 Page1 of 3
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BARRY E. HINKLE, Bar No. 071223
CONCEPCIĆN E. LOZANO-BATISTA, Bar No. 227227
DANIEL 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: bhinkle@unioncounsel.net
clozano@unioncounsel.net
dbrome@unioncounsel.net
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-05322 JSW
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; and LABORERS
TRAINING AND RETRAINING TRUST
FUND FOR NORTHERN CALIFORNIA,
EX PARTE APPLICATION FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE;
(PROPOSED) ORDER
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Plaintiff,
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v.
TIM KRUSE CONSTRUCTION, INC., a
California Corporation,
Defendant.
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TO: THE CLERK OF THE COURT AND DEFENDANT TIM KRUSE
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CONSTRUCTION, INC., 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
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Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case
Management Conference, currently scheduled for February 6, 2013 at 1:30 p.m., be continued for
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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
CASE NO. 12-cv-05322-JSW
Case3:12-cv-05322-JSW Document12 Filed02/11/13 Page2 of 3
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sixty days to allow Plaintiffs additional time to serve Defendant with the Summons and
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Complaint.
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Plaintiffs filed the Complaint in this matter on October 16, 2012. Defendant was served
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on November 15, 2012, for which proofs of service were filed with this Court on November 27,
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2012. Defendant has not filed an Answer or other responsive pleading in this matter, and
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Plaintiffs will be requesting entry of Default and then moving for Default Judgment. Given these
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facts, Plaintiffs request that Case Management Conference be continued for sixty days in order to
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allow Plaintiffs to prepare and file a Motion for Default Judgment.
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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.
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Dated: February 11, 2013
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
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By: /s/ Daniel S. Brome
DANIEL S. BROME
Attorneys for Plaintiffs
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ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Based upon the foregoing Ex Parte Application for Continuance of Case Management
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Order and Declaration of Daniel S. Brome in Support of Ex Parte Application to Continue Case
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Management Conference, the Court orders a continuance of the Case Management Conference
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for 60 days, or as soon thereafter as a court date is available. In addition, the Court orders:
from February 15, 2013 to April 19, 2013. A case management statement shall be due on or before
April 12, 2013. If default is entered, and if Plaintiffs file a motion for default judgment, the Court shall
vacate the case management conference.
Dated:
HONORABLE JEFFREY S. WHITE
February 12, 2013
United States District Judge
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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
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1001 Marina Village Parkway, Suite 200
Alameda, California 94501
(510) 337-1001
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132515/703930
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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
CASE NO. 12-cv-05322-JSW
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