Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund For Northern California et al v. TDW Construction, Inc.

Filing 21

STIPULATION AND ORDER re 19 . STIPULATION WITH PROPOSED ORDER to Withdraw Request for Entry of Default by Clerk and Englarge Time for Defendant to Answer filed by Board of Trustees, in their capacities as Trustees of the Laborers Tra ining-Retraining/Apprenticeship Trust Fund for Northern California, Board of Trustees, in their capacities as Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund For Northern California, Board of Trustees, in their capacities as Trustees of the Laborers Pension Trust Fund for Northern California, TDW Construction, Inc. Answer due by 11/27/2017. Signed by Magistrate Judge Kandis A. Westmore on 11/13/17. (sisS, COURT STAFF) (Filed on 11/13/2017)

1
2
3
4
5
6
7

BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
TRACY L. MAINGUY, Bar No. 176928
RYAN B. KADEVARI, Bar No. 302957
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]

8
Attorneys for Plaintiffs
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13
14

17
18
19

STIPULATION TO WITHDRAW
REQUEST FOR ENTRY OF DEFAULT
BY CLERK AND ENLARGE TIME
FOR DEFENDANT TO ANSWER;
[PROPOSED] ORDER THEREON

Plaintiffs,

15
16

No. 4:17-cv-03165 KAW

THE BOARD OF TRUSTEES, in their
capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA, et al.,

v.

Judge: Hon. Kandis A. Westmore

TDW CONSTRUCTION, INC., a California
Corporation,
Defendant.

20
21

Pursuant to Civil Local Rules 7-12 and 16-2, Plaintiffs, The Board of Trustees, in their

22

capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California;

23

Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for

24

Northern California; and Laborers Training and Retraining Trust Fund for Northern California

25

(“Trust Funds” or “Plaintiffs”), by and through their Counsel, and Defendant TDW Construction,

26

Inc. (“Defendant”), by and through its Counsel stipulates and agree as follows:

27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

1
STIPULATION TO WITHDRAW REQUEST FOR ENTRY OF DEFAULT BY CLERK AND ENLARGE
TIME FOR DEFENDANT TO ANSWER; [PROPOSED] ORDER THEREON
CASE NO. 4:17-CV-03165 KAW

1
2
3

1.

Plaintiffs withdraw their Request for Entry of Default by Clerk filed November 1,

2017. (Dckt. No. 14). To date, the Clerk has not entered default against Defendant.
2.

The deadline for Defendant to respond to the Complaint is extended to until

4

November 27, 2017.

5

Dated: November 9, 2017

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

6
7
By:

By:

8
9

/s/ Tracy L. Mainguy
TRACY L. MAINGUY
Attorneys for Plaintiffs

William Thomson
Attorney for Defendant

Dated: November 9, 2017

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

2
STIPULATION TO WITHDRAW REQUEST FOR ENTRY OF DEFAULT BY CLERK AND ENLARGE
TIME FOR DEFENDANT TO ANSWER; [PROPOSED] ORDER THEREON
CASE NO. 4:17-cv-03165 KAW

1

[PROPOSED] ORDER

2

Based upon the Stipulation above and Plaintiffs’ withdrawal of their Request for Entry of

3

Default by Clerk, the time for Defendant to respond to the Complaint is enlarged until November

4

27, 2017.

5

IT IS SO ORDERED.

6
7

Dated: 11/13/17
HONORABLE KANDIS A. WESTMORE
United States District Court Magistrate Judge

8
143204\941886

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

3
STIPULATION TO WITHDRAW REQUEST FOR ENTRY OF DEFAULT BY CLERK AND ENLARGE
TIME FOR DEFENDANT TO ANSWER; [PROPOSED] ORDER THEREON
CASE NO. 4:17-cv-03165 KAW