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

Filing 37

ORDER re: Hearing on MOTION for Default Judgment 20 . The hearing noticed for July 28, 2016 at 11:00 a.m. remains on calendar. Signed by Magistrate Judge Donna M. Ryu on 07/05/2016. (dmrlc3, COURT STAFF) (Filed on 7/5/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8

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

9
v.

Case No. 15-cv-05325-DMR
ORDER RE: HEARING ON MOTION
FOR DEFAULT JUDGMENT

10

United States District Court
Northern District of California

11

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

12
13

On April 15, 2016, Plaintiffs filed a motion for default judgment against Defendant

14

Construction Materials Testing, Inc. (“CMT”). [Docket No. 20.] On April 19, 2016, Donald

15

Rose, the President of CMT filed a motion to continue the deadline for opposing Plaintiffs’ motion

16

for default judgment so that CMT could retain counsel. [Docket No. 27.] The court requested a

17

response from Plaintiffs. [Docket No. 28.] Plaintiffs stated that they did not oppose Rose’s

18

request to continue CMT’s opposition deadline to July 1, 2016. [Docket No. 30.] On April 27,

19

2016, the court extended Defendant CMT’s deadline to oppose the motion to July 1, 2016, set

20

Plaintiffs’ reply deadline for July 8, 2016, and continued the hearing on the motion from June 9,

21

2016 to July 28, 2016. [Docket No. 32.] CMT failed to file an opposition to the motion for

22

default judgment by July 1, 2016.

23

//

24

//

25

//

26

//

27

//

28

//

1

On July 5, 2016, Plaintiff requested that the court enter judgment without a hearing.

2

[Docket No. 36.] The court denies the Plaintiff’s request and confirms that the hearing previously

3

set for the motion for default judgment on July 28, 2016 at 11:00 a.m. at the U.S. District Court at

4

1301 Clay Street, Oakland, California remains on calendar.

5
6

Plaintiffs shall immediately serve a copy of this Order on Defendant and file proof of
service with the court.

7
8
9
10

United States District Court
Northern District of California

11

IT IS SO ORDERED.
Dated: July 5, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2