The Board of Trustees et al v. Zolman Construction & Development, Inc.

Filing 15

ORDER GRANTING 13 Ex Parte Application to Continue Case Management Conference. Case Management Statement due by 8/23/2013. Case Management Conference set for 8/30/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 5/29/13. (jjoS, COURT STAFF) (Filed on 5/29/2013)

Case 3-12-cv-05658-JSW

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Document 13

Filed in CAND on 05/28/2013

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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]

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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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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,

No. 12-cv-05658-JSW
EX PARTE APPLICATION FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE;
(PROPOSED) ORDER

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Plaintiffs,

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v.
ZOLMAN CONSTRUCTION AND
DEVELOPMENT, INC., a California
Corporation,
Defendant.

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TO: THE CLERK OF THE COURT AND DEFENDANT ZOLMAN CONSTRUCTION
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AND DEVELOPMENT, INC., A California Corporation:
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Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case
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Management Conference, currently scheduled for May 31, 2013 at 1:30 p.m., be continued for
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ninety days to allow the parties to resolve this matter informally.
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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-05658-JSW

Case 3-12-cv-05658-JSW

Document 13

Filed in CAND on 05/28/2013

Page 2 of 3

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Plaintiffs filed the Complaint seeking an audit and unpaid contribution on November 5,

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2012. Defendant was served by substituted service on November 14, 2012, for which proofs of

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service were filed with this Court on November 27, 2012. Although Defendant has not filed an

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Answer or other responsive pleading in this matter, Defendant has been communicating with

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Plaintiffs and has agreed to schedule an audit. Defendant has provided some of the materials

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needed for the audit, and document production is ongoing. Following the audit, the parties hope

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to fully resolve all of the issues in this matter without need for further proceedings. Given these

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facts, Plaintiffs request that the Case Management Conference be continued for ninety days in

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order to allow Plaintiffs to conduct the audit of Defendant’s books and records, and for the parties

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to resolve any other issues.
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: May 28, 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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[PROPOSED] 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 Daniel S. Brome in Support of Ex Parte Application to Continue Case
CONTINUES
Management Conference, the Court orders a continuance of the Case Management Conference

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for 90 days, or as soon thereafter as a court date is available. In addition, the Court orders:
to August 30, 2013 at 1:30 p.m.

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Dated: May 29, 2013
HONORABLE JEFFREY S. WHITE

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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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United States District Judge
131433/718818

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EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
CASE NO. 12-cv-05658-JSW