Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. CEM Builders, Inc.

Filing 11

ORDER RE: 10 11 PLAINITFFS' EX PARTE MOTIONS FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT. Signed by Judge Edward J. Davila on 2/7/2018. (ejdlc2S, COURT STAFF) (Filed on 2/7/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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ORDER RE: PLAINITFFS' EX PARTE
MOTIONS FOR RIGHT TO ATTACH
ORDER AND WRIT OF ATTACHMENT
Re: Dkt. Nos. 10, 11

v.

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Case No. 5:18-cv-00685-EJD

CEM BUILDERS, INC.,
Defendant.

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Having reviewed Plaintiffs’ Ex Parte Motion for Right to Attach Order and Writ of

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Attachment (Dkt. No. 10) and Amended Ex Parte Motion for Right to Attach Order and Writ of

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Attachment (Dkt. No. 11) and related documents, the Court orders as follows:

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1.

Because the Court does not find that Plaintiff has sufficiently demonstrated under

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California Code of Civil Procedure § 485.010 (as applied through Federal Rule of Civil Procedure

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64(a)) that “great or irreparable injury would result to Plaintiff if issuance of the order were

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delayed until the matter could be heard on notice,” Plaintiff’s request to proceed ex parte is

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DENIED. The Court will, however, hear Plaintiff’s motion on shortened time.

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2.

Plaintiff shall immediately serve on Defendant copies of:

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a. this order;

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b. the Ex Parte Motion for Right to Attach Order and Writ of Attachment (Dkt.

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No. 10) and Amended Ex Parte Motion for Right to Attach Order and Writ of
Case No.: 5:18-cv-00685-EJD
ORDER RE: PLAINITFFS’ EX PARTE MOTIONS FOR RIGHT TO ATTACH ORDER AND
WRIT OF ATTACHMENT
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Attachment (Dkt. No. 11) and all related documents and attachments, and;

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c. the Complaint, any amendments thereto, and all related documents and

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attachments;

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in a manner that ensures Defendant receives the documents no later than February 9, 2018.

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Plaintiffs shall thereafter file a certificate demonstrating the completion of such service on or

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before 4:00 p.m. on February 9, 2018. Plaintiffs are advised that failure to timely comply with

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this order may result in the delay of these proceedings.

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United States District Court
Northern District of California

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3.

Any opposition to the Amended Ex Parte Motion for Right to Attach Order and

Writ of Attachment shall be filed and served on or before February 16, 2018.
4.

The Court schedules a hearing on the Amended Ex Parte Motion for Right to

Attach Order and Writ of Attachment for 10:00 a.m. on February 22, 2018.
IT IS SO ORDERED.
Dated: February 7, 2018
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:18-cv-00685-EJD
ORDER RE: PLAINITFFS’ EX PARTE MOTIONS FOR RIGHT TO ATTACH ORDER AND
WRIT OF ATTACHMENT
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