Board of Trustees of the Laborers Health & Welfare Trust Fund for Northern California et al v. Lineation Markings Corporation, a California Corporation

Filing 27

ORDER granting 24 Ex Parte Application for Continuance of Case Management Conference. Case Management Statement due by 12/2/2014. Case Management Conference set for 12/9/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Wi lliam H. Orrick on 10/09/2014. The court orders that by December 9, 2014: (i) defendant file a responsive pleading and participate in preparing a Joint Case Management Statement, setting forth the proposed schedule for this case; or (ii) plaintiffs t ake defendant's default; or (iii) plaintiffs dismiss the case; or (iv) plaintiffs represent that the case is settled. If none of these conditions has been met, the case will likely be dismissed for failure to prosecute. (jmdS, COURT STAFF) (Filed on 10/9/2014)

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1 2 3 4 5 BARRY E. HINKLE, Bar No. 071223 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 Telephone (510) 337-1001 Fax (510) 337-1023 E-Mail: bhinkle@unioncounsel.net clozano@unioncounsel.net 6 7 Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER Plaintiffs, 17 18 No. C14-00575 (WHO) 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, v. 19 20 21 LINEATION MARKINGS CORPORATION, a California Corporation, Defendant. 22 23 24 25 26 TO: THE CLERK OF THE COURT AND DEFENDANT, LINEATION MARKINGS CORPORATION, a California Corporation: Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case Management Conference, which was set for October 14, 2014 at 2:00 pm be reset for sixty days 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 1 30 31 EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER; CASE NO. C14-00575 (WHO) 1 2 to allow the parties to attempt to resolve this matter informally and/or for Plaintiffs to file and serve a First Amended Complaint. 3 4 5 6 Plaintiffs filed the Complaint seeking an audit and unpaid contributions on February 6, 2014. Defendant was served on March 5, 2014, for which proofs of service were filed with this Court on March 14, 2014. Defendant has not filed an Answer or other responsive pleading in this matter. 7 8 Plaintiffs recently conducted an audit of Defendant’s books and records. Plaintiffs are in the process of discussing their findings with the Defendant in an effort to resolve this case. 9 10 Accordingly, Plaintiffs request that the Case Management Conference be continued for sixty days in order to allow Plaintiffs to attempt a resolution of this case with the Defendant. 11 12 13 The above stated facts are set forth in the accompanying Declaration of Concepción E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, filed herewith. 14 15 Dated: October 6, 2014 16 WEINBERG, ROGER & ROSENFELD A Professional Corporation 17 By: /s/ Concepción E. Lozano-Batista CONCEPCIÓN E. LOZANO-BATISTA Attorneys for Plaintiffs 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 30 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 31 2 EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER; CASE NO. C14-00575 (WHO) 1 2 ORDER CONTINUING CASE MANAGEMENT CONFERENCE Based upon the foregoing Ex Parte Application for Continuance of Case Management 3 Order and Declaration of Concepción E. Lozano-Batista in Support of Ex Parte Application to 4 Continue Case Management Conference, the Court orders a continuance of the Case Management 5 Conference to December 9, 2014 at 2:00 p.m. 6 In addition, the Court orders that by December 9, 2014: 7 (i) defendant file a responsive pleading and participate in preparing a Joint Case Management Statement, setting forth the proposed schedule for this case; or 8 9 (ii) plaintiffs take defendant's default; or 10 (iii) plaintiffs dismiss the case; or 11 (iv) plaintiffs represent that the case is settled. 12 If none of these conditions has been met, the case will likely be dismissed for failure to prosecute. 13 14 Dated: October 9, 2014 HONORABLE WILLIAM H. ORRICK United States Magistrate Judge 15 16 17 18 135418/782897 19 20 21 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 30 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001 31 3 EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER; CASE NO. C14-00575 (WHO)

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