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The Board of Trustees v. Dat Vihn Luong; Dat Vihn Luong

January 29, 2013

THE BOARD OF TRUSTEES, IN THEIR CAPACITIES AS TRUSTEES OF THE CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, CEMENT MASONS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, CEMENT MASONS VACATION/HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA, CEMENT MASONS APPRENTICESHIP AND TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, PLAINTIFFS,
v.
DAT VIHN LUONG; DAT VIHN LUONG, INDIVIDUALLY AND DOING BUSINESS AS D L CONSTRUCTION; AND D L CONSTRUCTION,
DEFENDANTS.



The opinion of the court was delivered by: Honorable Jeffrey S. White United States District Judge

PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER TO: THE CLERK OF THE COURT AND DEFENDANTS DAT VIHN LUONG; DAT

VIHN LUONG, individually and doing business as D L Construction; and D L CONSTRUCTION: Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case WEINBERG, ROGER &

1

A Professional Corporation

EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ROSENFELD (510) 337-1001 (PROPOSED) ORDER 1001 Marina Village Parkway, Suite 200 Alameda, California 94501

Management Conference, currently scheduled for February 1, 2013 at 1:30 p.m. be continued for 2 ninety days to allow the Parties time to resolve this matter. 3

Plaintiffs filed the Complaint in this matter on July 25, 2012. Defendants were served

4 with the Summons and Complaint on November 29, 2012, and Proofs of Service were filed with 5 this Court on December 5, 2012. Although Defendants have not filed an Answer or other 6 responsive pleading, they have contacted Plaintiffs and the Parties are attempting to settle this 7 case. If they are unable to do so, Plaintiffs will request that the Clerk enter Defendants' default, 8 and will then move the Court for default judgment. Therefore, Plaintiffs request that Case 9

Management Conference be continued for ninety days in order to allow the Parties additional 10 time to resolve the case through settlement. 11

The above stated facts are set forth in the accompanying Declaration of Daniel S. Brome

12 in Support of Ex Parte Application to Continue Case Management Conference, filed herewith. 13

Dated: January 25, 2013

WEINBERG, ROGER & ...


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