Board of Trustees etc v. Cheryl Maureen Cole

Filing 11

ORDER SETTING HEARING ON MOTION TO SET ASIDE DEFAULT 10 . Any response due by 8/25/2014. Any reply is due within 7 days after response is filed. Motion Hearing set for 9/10/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco. Parties must consent or decline the jurisdiction of a magistrate judge by 8/25/2014. Signed by Judge Nathanael Cousins on 8/11/2014. (Attachments: # 1 Consent/Declination, # 2 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 8/11/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 THE BOARD OF TRUSTEES, in their 16 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, 17 Case No. 14-cv-02672 NC Plaintiffs, 12 13 14 15 18 ORDER SETTING HEARING ON MOTION TO SET ASIDE DEFAULT Re: Dkt. No. 10 v. 19 CHERYL MAUREEN COLE, individually; CHERYL MAUREEN COLE, individually 20 and doing business as LABAT’S TREE 21 22 CARE; and LABAT’S TREE CARE, Defendants. 23 24 At plaintiffs’ request, on July 29, 2014, the clerk entered default as to defendants 25 Cheryl Maureen Cole individually and doing business as Labat’s Tree Care, and Labat’s 26 Tree Care. Dkt. No. 9. Cole, proceeding pro se, filed a “motion to dismiss under Rule 27 12(b) for lack of jurisdiction, improper venue, insufficient service of process, or failure to 28 state a claim,” on the basis that she has not been properly served. Dkt. No. 10. The Court Case No. 14-cv-00620 NC ORDER SETTING HEARING ON MOTION TO SET ASIDE DEFAULT at on ion side try ult le ally 1 will trea this motio as a moti to set as the ent of defau as to Col individua and usiness as Labat’s Tree Care unde Federal R L e er Rule of Civil Procedur 55(c). Th re he 2 doing bu otes ndant Labat Tree Car is a busin entity, it may not appear t’s re ness 3 Court no that because defen may r ugh ber ar ourt.” Civ. L.R. 4 through Cole but “m appear only throu a memb of the ba of this Co 5 3-9(b). 6 An response to Cole’s motion is due by Augu 25, 2014 Any rep is due w ny e d ust 4. ply within 7 er onse d. rt n mber 14, 7 days afte the respo is filed The Cour will hear the motion on Septem 10, 201 at m. room A, 15t Floor, U.S. District Court, 450 Golden Ga Avenue, San th ate , 8 1:00 p.m in Courtr co, nia. 9 Francisc Californ 10 0 Pl laintiffs and Cole must consent or decline the jurisdictio of a mag d t r e on gistrate judg by ge 2 S d declination f form. 11 August 25, 2014. See attached consent/d 1 12 2 Fo additiona guidance, Cole may refer to the Court’s Pr Se Handb or al , e ro book, available at v/prosehand dbook on the Court’s w e website, or c contact the L Legal 13 http://ww 3 enter, which provides information and limited h n d-scope leg advice to pro se litigants gal o 14 Help Ce 4 c p quires an ap ppointment, which can be made by , n 15 in civil cases. The Legal Help Center req 5 ( 8982. 16 calling (415) 782-8 6 17 7 IT IS SO OR T RDERED. 18 8 Date: August 11, 2014 t ____ __________ __________ ____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 19 9 20 0 21 1 22 2 23 3 24 4 25 5 26 6 27 7 28 8 Case No. 14-cv-0062 NC 20 ORDER SETTING HEARING ON R H O MOTION TO SET ASIDE DEFAULT N A 2

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