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 21

ORDER GRANTING 19 Ex Parte Application to Continue Case Management Order. Case Management Statement due by 6/14/2013. Initial Case Management Conference set for 6/21/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. Whtie on 4/10/13. (jjoS, COURT STAFF) (Filed on 4/10/2013)

Case3:12-cv-05322-JSW Document19 Filed04/09/13 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: Pursuant to Civil Local Rule 7-10,

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Plaintiffs hereby request that the initial Case Management Conference, currently scheduled for

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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-05322-JSW

Case3:12-cv-05322-JSW Document19 Filed04/09/13 Page2 of 3

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April 19, 2013 at 1:30 p.m., be continued for sixty days to allow Plaintiffs to seek Default

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Judgment against Defendant.

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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. Thereafter, the parties were attempting resolution of this matter. Recently, Defendant has

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stopped communicating with Plaintiffs. Defendant has not filed an Answer or other responsive

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pleading in this matter, and Plaintiffs filed a Request for Entry of Default on April 8, 2013 and

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will be moving for Default Judgment once Default is entered. Given these facts, Plaintiffs request

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that Case Management Conference be continued for sixty days in order to allow Plaintiffs to

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prepare and file a Motion for Default Judgment.

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The above stated facts are set forth in the accompanying Declaration of Concepción E.

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Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference,

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filed herewith.

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Dated: April 9, 2013

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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/s/ Concepción E. Lozano-Batista
CONCEPCIÓN E. LOZANO-BATISTA
Attorneys for Plaintiffs

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Based upon the foregoing Ex Parte Application for Continuance of Case Management

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Order and Declaration of Concepción E. Lozano-Batista in Support of Ex Parte Application to

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Continue Case Management Conference, the Court orders a continuance of the Case Management

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Conference for 60 days, or as soon thereafter as a court date is available. In addition, the Court

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orders: to June 21, 2013 at 1:30 p.m. If the Plaintiffs file a motion for default judgment before that
date, the Court shall vacate the case management conference.

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Dated: April 10, 2013
HONORABLE JEFFREY S. WHITE

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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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132515/711157

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