Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund et al v. Westech Roofing

Filing 24

ORDER FOR RESPONSE AND CONTINUING OCTOBER 4, 2013 MOTION HEARING TO OCTOBER 11, 2013 AT 1:30 p.m. Signed by Judge Joseph C. Spero on September 26, 2013. (jcslc1S, COURT STAFF) (Filed on 9/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE BAY
AREA ROOFERS HEALTH & WELFARE
TRUST FUND, et al.,

Case No. 12-cv-05655-JCS

Plaintiffs,

ORDER FOR RESPONSE TO
DEFENDANT'S UNTIMELY
OPPOSITION BRIEF

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v.
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WESTECH ROOFING,

United States District Court
Northern District of California

Defendant.
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Plaintiff Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund (“Board

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of Trustees”) has filed a Motion for Default Judgment (“Motion”), currently set for hearing on

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October 4, 2013. On September 25, 2013, Defendant Westech Roofing filed an untimely

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opposition brief asking the Court to vacate the default entered by the Clerk on the grounds of

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excusable neglect. In the Opposition brief, Defendant asserts, inter alia, that it has now paid all

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outstanding contributions sought in the Complaint.

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The Court requests that the Board of Trustees file a Reply brief responding to Plaintiff’s

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Opposition, to be filed by October 2, 2013. The Court continues the Motion hearing set for

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October 4, 2013 at 1:30 p.m. to October 11, 2013 at 1:30 p.m.

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IT IS SO ORDERED.
Dated: September 26, 2013
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JOSEPH C. SPERO
United States Magistrate Judge