Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. River View Construction Inc. et al

Filing 17

ORDER GRANTING REQUEST TO CONTINUE THE CASE MANAGEMENT CONFERENCE re 16 Case Management Statement,, filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California, Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the Laborers Pension Trust Fund for Northern California. Joint Case Management Statement due by 1/31/2013. Initial Case Management Conference set for 2/7/2013 02:00 PM. Signed by Judge Phyllis J. Hamilton on 12/27/12. (nah, COURT STAFF) (Filed on 12/27/2012)

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1 6 Ronald L. Richman, SBN 139189 Susan J. Olson, SBN 152467 Edward D. Winchester, SBN 271500 Bullivant Houser Bailey PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: 415.352.2700 Facsimile: 415.352.2701 E-Mail: ron.richman@bullivant.com E-Mail: susan.olson@bullivant.corn E-Mail: edward.winchester@bullivant.com 7 Attorneys for Plaintiffs 2 3 4 5 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE 11 TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF 12 THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN 13 CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND 14 FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE 15 LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN 16 CALIFORNIA, 17 Case No.: CV 12-03514 PJH PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON DATE: January 3, 2013 TIME: 2:00 p.m. CTROOM: 3, 3rd Floor Hon. Phyllis J. Hamilton Plaintiffs, 18 VS. 19 RIVER VIEW CONSTRUCTION, INC., a California corporation; and GREGORY 20 GORESHNIK, an individual, 21 Defendants. 22 23 Plaintiffs file this abbreviated Case Management Conference Statement. 24 Plaintiffs are proceeding in default and Plaintiffs' motion for default judgment is 25 substantially completed and will be filed within the next 30 days. Based on the above, Plaintiffs 26 request that the case management conference be continued for approximately 30 days, allowing 27 Plaintiffs time to file and serve their motion for default judgment. 28 /// — 1— PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON DATED: December 27, 2012 BULLIVANT HOUSER BAILEY PC By Ronald L. Richman Susan J. Olson Edward D. Winchester Attorneys for Plaintiffs ORDER Plaintiffs having submitted their Case Management Conference Statement and good cause appearing: IT IS HEREBY ORDERED that the case management conference scheduled for January 3, 2013 be continued until February 7 , 2013 at 2:00 p.m. In the tiffs file their Motion for Default Judgment on or before the date for the continued case management conference, the continued case management conference shall be vacated. S DISTRICT TE C TA RT U O S DATED: 12/27/12 A H LI RT ER FO NO 13970243.1 amilton yllis J. H Judge Ph R NIA UNIT ED HON. PHYLLISOJ.ERED RD HAMILTON IT IS SO UNITED STATES DISTRICT JUDGE N F D IS T IC T O R C —2— PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco by the law firm of Bullivant 3 Houser Bailey, PC ("the business"), 601 California Street, Suite 1800, San Francisco, CA 94108. I am over the age of 18 and not a party to this action. On December 27, 2012, I served 4 the document(s) entitled: 5 6 7 8 9 PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON upon the following party(ies): River View Construction, Inc. 4003 Seaport Blvd. West Sacramento, CA 95691 Gregory Goreshnik 4003 Seaport Blvd. West Sacramento, CA 95691 10 11 E BY MAIL (CCP § 1013(a)): I am readily familiar with the ordinary practice of the business with respect to the collection and processing of correspondence for mailing with the United States Postal Service. I placed a true and correct copy(ies) of the abovetitled document(s) in an envelope(s) addressed as above, with first class postage thereon fully prepaid. I sealed the aforesaid envelope(s) and placed it(them) for collection and mailing by the United States Postal Service in accordance with the ordinary practice of the business. Correspondence so placed is ordinarily deposited by the business with the United States Postal Service on the same day. E BY FACSIMILE TRANSMISSION (CCP § 1013(e), CRC 2.306): I transmitted the 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 n 27 28 document(s) by facsimile transmission by placing it(them) in a facsimile machine (telephone number 415-352-2701) and transmitting it(them) to the facsimile machine telephone number(s) listed above. A transmission report was properly issued by the transmitting facsimile machine. Each transmission was reported as complete and without error. A true and correct copy of the transmission report is attached hereto. BY OVERNIGHT DELIVERY (CCP § 1013(c)): I am readily familiar with the ordinary practice of the business with respect to the collection and processing of correspondence for mailing by Express Mail and other carriers providing for overnight delivery. I placed a true and correct copy(ies) of the above-titled document(s) in an envelope(s) addressed as above, with first class postage thereon fully prepaid. I sealed the aforesaid envelope(s) and placed it(them) for collection and mailing by Express Mail or other carrier for overnight delivery in accordance with the ordinary practice of the business. Correspondence so placed is ordinarily deposited by the business with Express Mail or other carrier on the same day. BY PERSONAL SERVICE UPON AN ATTORNEY (CCP § 1011(a)): I placed a true and correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed as indicated above. I delivered each of said envelope(s) by hand to a receptionist or a person authorized to accept same at the address on the envelope, or, if no person was present, by leaving the envelope in a conspicuous place in the office between the hours of nine in the morning and five in the afternoon. —1— CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON 1 2 3 4 u BY PERSONAL SERVICE UPON A PARTY (CCP § 1011(b)): I placed a true and correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed as indicated above. I delivered each of said envelope(s) by hand to a person of not less than 18 years of age at the address listed on the envelope, between the hours of eight in the morning and six in the evening I declare under penalty of perjury that the foregoing is true and correct. Executed on 5 December 27, 2012, at San Francisco, California. 6 7 8 Debora J. Fong 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 —2— CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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