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Board of Trustees v. Buildex

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 12, 2009

THE BOARD OF TRUSTEES, IN THEIR CAPACITIES AS TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; AND LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, PLAINTIFF,
v.
BUILDEX, INC., ACALIFORNIA CORPORATION; AND BUILDEX, INC. DOING BUSINESS AS CLEANEX, INC., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Edward M. Chen United States District Court Judge

EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the Case Management Conference scheduled for November 17, 2009 at 1:30 p.m. be continued for 90 days.

Plaintiffs have attempted to serve Defendant via substituted service on the registered agent for service of process. The mail has been returned to the Law Firm as undeliverable. To date, Defendant has not been served.

Based on the above, Plaintiffs respectfully request that the Case Management Conference currently set for November 17, 2009 be continued for 90 days to allow time for Plaintiffs to effectuate service on Defendant, and then allow Defendant time to answer the Complaint.

The above stated facts are set forth in the accompanying declaration of Kristina M. Zinnen in Support of Ex Parte Application to Continue Case Management Conference, filed herewith.

Dated: November 10, 2009

WEINBERG, ROGER & ROSENFELD A Professional Corporation KRISTINA M. ZINNEN

Based upon the foregoing Ex Parte Application to Continue Case Management Conference, and Declaration of Kristina M. Zinnen in support thereof, the Court orders the continuance of the case management conference for 90 days, or as soon thereafter as a court date is available. In addition, the Court Orders:

20091112

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