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

Filing 31

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re: 28 Ex Parte Application. Case Management Statement due by 2/24/2015. Further Case Management Conference set for 3/3/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 12/08/2014. (jmdS, COURT STAFF) (Filed on 12/8/2014)

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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 [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EX PARTE APPLICATION FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE;
ORDER

Plaintiffs,

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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.
LINEATION MARKINGS CORPORATION, a
California Corporation,
Defendant.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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

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 December 9, 2014 at 2:00 pm be reset for ninety
days to allow Plaintiffs to file and serve a First Amended Complaint.
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EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
ORDER; CASE NO. C14-00575 (WHO)

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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.
Plaintiffs and Defendant had scheduled an audit of the Defendant’s books and records for
April 10, 2014. Thereafter, the Defendant requested that the audit be rescheduled on various
occasions. The audit was finalized in late October 2014, as Defendant continued to provide
information that was missing from the audit. Plaintiffs attempted to resolve the matter with
Defendant once the audit was concluded, but have had no response from Defendant. Accordingly,
Plaintiffs request that the Case Management Conference be continued for ninety days in order to
allow Plaintiffs to file and serve an amended complaint.
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.
Dated: December 3, 2014

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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

135418/790035

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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 FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
ORDER; CASE NO. C14-00575 (WHO)

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[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
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 90 days to March 3, 2015 at 2:00 p.m.

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Dated: December 8, 2014

HONORABLE WILLIAM H. ORRICK
United States Magistrate Judge

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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 FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
ORDER; CASE NO. C14-00575 (WHO)