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