Pension Plan for Pension Trust Fund for Operating Engineers et al v. Construction Materials Testing, Inc.

Filing 32

ORDER Granting 27 Motion to Extend Time to Oppose Motion for Default Judgment; Continuing Hearing on 20 Plaintiffs' Motion for Default Judgment and Setting Briefing Schedule: Opposition deadline by 7/1/2016; Reply deadline by 7/8/2016; and Motion Hearing on Plaintiffs' Motion for Default Judgment set for 7/28/2016 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 4/27/16. (ig, COURT STAFF) (Filed on 4/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,
Plaintiffs,

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v.
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United States District Court
Northern District of California

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CONSTRUCTION MATERIALS
TESTING, INC., et al.,

ORDER GRANTING MOTION TO
EXTEND TIME TO OPPOSE MOTION
FOR DEFAULT JUDGMENT;
CONTINUING HEARING AND
SETTING BRIEFING SCHEDULE
Re: Dkt. Nos. 20, 27, 30

Defendants.

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Case No. 15-cv-05325-DMR

Plaintiffs filed suit under the Employee Retirement Income Security Act (“ERISA”) to

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collect withdrawal liability assessed against Defendant Construction Materials Testing, Inc.

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(“CMT”) on November 20, 2015. [Docket No. 1.] At the Plaintiffs request, the Clerk entered

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default on January 26, 2016. [Docket Nos. 13 and 14.] On April 15, 2016, Plaintiffs filed their

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Motion for Default Judgment against Defendant CMT, and served Defendant CMT by mail.

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[Docket Nos. 20-24.]

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On April 19, 2016, Donald Rose, the President of Defendant CMT filed a motion to

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continue the deadline for opposing Plaintiffs’ Motion for Default Judgment by 60 days to allow

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Defendant CMT to retain counsel and respond in this case. [Docket No. 27.] The court requested

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Plaintiffs to provide their position on Defendants, and Plaintiffs indicated that they do not oppose

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Defendant CMT’s motion to extend the time to file an opposition to Plaintiffs’ Motion for Default
Judgment until July 1, 2016. [Docket Nos. 28, 29.]
Therefore, the court grants Defendant CMT’s request. The briefing schedule for Plaintiffs’
Motion for Default Judgment [Docket No. 20] is as follows:
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Opposition deadline: July 1, 2016

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Reply deadline: July 8, 2016.

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The hearing previously set for June 9, 2016 is hereby CONTINUED to July 28, 2016, U.S.
District Court, 1301 Clay Street, Oakland, California 94612.
Plaintiffs shall serve a copy of this Order on Defendant CMT and file a proof of service
with the court.

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IT IS SO ORDERED.
Dated: April 27, 2016
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Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,
Plaintiffs,

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Case No. 4:15-cv-05325-DMR
CERTIFICATE OF SERVICE

v.
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CONSTRUCTION MATERIALS
TESTING, INC., et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 4/27/2016, I SERVED a true and correct copy(ies) of the Order Granting Motion
to Extend Time to Oppose Motion for Default Judgment; Continuing Hearing and Setting Briefing
Schedule, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.
Donald Rose
342 West Prospect Avenue
Danville, CA 94526
Donald G. Rose
Construction Materials Testing, Inc.
2278 Pike Court,
Suite F
Concord, CA 94520
Dated: 4/27/2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU