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 14

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
CONCEPCIÓN 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 [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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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
[phone]

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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
[phone]

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132515/703930

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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
CASE NO. 12-cv-05322-JSW