The Board of Trustees v. Ontiveros Concrete Inc

Filing 7

ORDER STAYING CASE PENDING RESOLUTION FOR CHAPTER 7 BANKRUPTCY AND VACATING CASE MANAGEMENT CONFERENCE. Case Management Conference scheduled for March 25, 2013 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 3/21/13. (fs, COURT STAFF) (Filed on 3/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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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,

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ORDER STAYING ACTION PENDING
RESOLUTION OF CHAPTER 7 BANKRUPTCY
AND VACATING CASE MANAGEMENT
CONFERENCE

Plaintiffs,

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Case No.: 12-cv-06338-YGR

vs.
ONTIVEROS CONCRETE, INC.,
Defendant.
The Court has received notice that Defendant filed a petition for bankruptcy. (Dkt. No. 5.)

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Accordingly, this action is STAYED and the Court now sets this matter for a Bankruptcy Status

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Hearing at 9:01 a.m. on Friday, September 27, 2013. The Case Management Conference scheduled

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for March 25, 2013 is hereby VACATED.

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Five (5) business days prior to the date of the Status Hearing, Plaintiffs must file a Case

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Management Statement informing the Court of the status of the bankruptcy proceedings. If the Case

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Management Statement has been timely filed, no appearance will be required and the Status Hearing

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will be taken off calendar. Telephonic appearances will be allowed if the statement has been

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submitted in a timely fashion and the Court deems the hearing necessary. Failure to do so may result

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in sanctions.

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If Plaintiffs become aware that the bankruptcy stay has been vacated, modified to allow this

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matter to proceed, or terminated by dismissal of the bankruptcy action, Plaintiffs must immediately

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serve and file a notice that the bankruptcy stay is no longer in effect and request the setting of a Case

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Management Conference. Failure to file the Case Management Statement, appear at the Status

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Hearing, or file the notice that the bankruptcy stay is no longer in effect, may result in sanctions,

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including monetary sanctions or dismissal.

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IT IS SO ORDERED.
Dated: March 21, 2013

_____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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