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

Filing 18

ORDER GRANTING 16 Ex Parte Application to Continue Case Management Conference. Case Management Statement due by 11/1/2013. Initial Case Management Conference set for 11/8/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 8/26/13. (jjoS, COURT STAFF) (Filed on 8/26/2013)

Case3:12-cv-05658-JSW Document16 Filed08/23/13 Page1 of 3

1
2
3
4
5

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]

6
7

Attorneys for Plaintiffs

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15

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

16
Plaintiffs,

17
18
19
20
21

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

22
TO: THE CLERK OF THE COURT AND DEFENDANT ZOLMAN CONSTRUCTION
23
AND DEVELOPMENT, INC., A California Corporation:
24
Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case
25
Management Conference, currently scheduled for August 30, 2013 at 1:30 p.m., be continued for
26
sixty days to allow the parties to attempt to resolve this matter informally.
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

30
31

1
EX PARTE APPLICATION TO CONTINUE CMC; [PROPOSED] ORDER
CASE NO. 12-cv-05658-JSW

Case3:12-cv-05658-JSW Document16 Filed08/23/13 Page2 of 3

1

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

2

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

3

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

4

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

5

Plaintiffs and has allowed an audit. Defendant has provided materials needed for the audit, and

6

the audit department’s review of these records is partially complete. At this time, Plaintiffs

7

believe that the audit will show that Defendant owes additional contributions, although the

8

precise amount has not been finally resolved. Following the audit, the parties hope to fully

9

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

10

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

11

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

12

resolve any other issues.

13
14

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.

15
16

Dated: August 23, 2013
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

17
18

By: /s/ Daniel S. Brome
DANIEL S. BROME
Attorneys for Plaintiffs

19
20
21

[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
22
Based upon the foregoing Ex Parte Application for Continuance of Case Management
23
Order and Declaration of Daniel S. Brome in Support of Ex Parte Application to Continue Case
24
Management Conference, the Court orders a continuance of the Case Management Conference
25
for 60 days, or as soon thereafter as a court date is available. In addition, the Court orders:
26 to November 8, 2013. A Joint Case Management Statement shall be due on November 1, 2013.
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

30

1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

31

Dated: August 26, 2013

HONORABLE JEFFREY S. WHITE
United States District Judge
2

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