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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 THE BOARD OF TRUSTEES, in their

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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,

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Case No. 14-cv-02672 NC

Plaintiffs,

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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
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CARE; and LABAT’S TREE CARE,
Defendants.

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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).
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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
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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

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Pl
laintiffs and Cole must consent or decline the jurisdictio of a mag
d
t
r
e
on
gistrate judg by
ge

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S
d
declination f
form.
11 August 25, 2014. See attached consent/d
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Fo additiona guidance, Cole may refer to the Court’s Pr Se Handb
or
al
,
e
ro
book, available at

ww.cand.us
scourts.gov
v/prosehand
dbook on the Court’s w
e
website, or c
contact the L
Legal
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enter, which provides information and limited
h
n
d-scope leg advice to pro se litigants
gal
o
14 Help Ce
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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
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IT IS SO OR
T
RDERED.

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Date: August 11, 2014
t

____
__________
__________
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Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0062 NC
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ORDER SETTING HEARING ON
R
H
O
MOTION TO SET ASIDE DEFAULT
N
A

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