Trustees of the Bay Area Roofers Health and Welfare Trust Fund et al v. Tradestaff Contracting Services et al

Filing 40

ORDER Discharging Order to Show Cause, Striking Defendant Spectrum Specialties LLC's Answer, Entering Stay Against Defendant J.R.M. Contracting Services, Terminating Motion to Strike, and Setting Deadline for Filing Discovery Dispute Joint Reports. Motion terminated: 38 MOTION for Sanctions filed by Trustees of the Bay Area Roofers Health and Welfare Trust Fund. Signed by Magistrate Judge Howard R. Lloyd on February 5, 2013. (hrllc1, COURT STAFF) (Filed on 2/5/2013)

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*E-FILED: February 5, 2013*

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IN THE UNITED STATES DISTRICT COURT

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TRUSTEES OF THE BAY AREA
ROOFERS HEALTH AND WELFARE
TRUST FUND; ET AL.,

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Plaintiffs,
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v.
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TRADESTAFF CONTRACTING
SERVICES; ET AL.,

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Defendants.
____________________________________/

No. C11-05977 HRL
ORDER DISCHARGING ORDER TO
SHOW CAUSE, STRIKING
DEFENDANT SPECTRUM
SPECIALTIES LLC’S ANSWER,
ENTERING STAY AGAINST
DEFENDANT J.R.M. CONTRACTING
SERVICES, TERMINATING MOTION
TO STRIKE, AND SETTING
DEADLINE FOR FILING
DISCOVERY DISPUTE JOINT
REPORTS
[Dkt. 38]

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The Court having held a hearing on February 5, 2013, the Order to Show Cause issued in
this case is hereby discharged. As defendant J.R.M. Contracting Services has filed a Notice of
Bankrupcy (Dkt. 36), the case is stayed as against this entity. Defendant Spectrum Specialties LLC
(“Spectrum”) neither retained counsel nor responded to outstanding discovery, as required by this
Court’s previous order. As a sanction, the Court strikes Spectrum’s answer. Defendants Tradestaff
Contracting Services and J.R.M. Real Estate & Investments, LLC obtained new counsel by the
Court-ordered deadline. Although these entities also responded to outstanding discovery, Plaintiffs
have indicated that the responses are inadequate. If Plaintiffs and these entities are unable to resolve

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their remaining discovery disputes through diligent efforts, the parties shall submit any necessary

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Discovery Dispute Joint Reports no later than February 15, 2013. Plaintiffs’ motion to strike (Dkt.

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38) is terminated.

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IT IS SO ORDERED.
Dated: February 5, 2013

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HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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C 11-05977 HRL Order will be electronically mailed to:

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Roger Mark Mason: [e-mail], [e-mail]

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Sue Campbell: [e-mail], [e-mail],
[e-mail]

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Trevor Joseph Zink: [e-mail], [e-mail], [e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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