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The Board of Trustees, In Their Capacities As Trustees of the v. Tim Kruse Construction

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 10, 2013

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.
TIM KRUSE CONSTRUCTION, INC., A CALIFORNIA CORPORATION,
DEFENDANT.

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

EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER

TO: THE CLERK OF THE COURT AND DEFENDANT TIM KRUSE CONSTRUCTION, INC., A California Corporation: Pursuant to Civil Local Rule 7-10, 27 Plaintiffs hereby request that the initial Case Management Conference, currently scheduled for 28 WEINBERG, ROGER & ROSENFELD

A Professional Corporation

April 19, 2013 at 1:30 p.m., be continued for sixty days to allow Plaintiffs to seek Default 2 Judgment against Defendant. 3

Plaintiffs filed the Complaint in this matter on October 16, 2012. Defendant was served 4 on November 15, 2012, for which proofs of service were filed with this Court on November 27, 5 2012. Thereafter, the parties were attempting resolution of this matter. Recently, Defendant has 6 stopped communicating with Plaintiffs. Defendant has not filed an Answer or other responsive 7 pleading in this matter, and Plaintiffs filed a Request for Entry of Default on April 8, 2013 and 8 will be moving for Default Judgment once Default is entered. Given these facts, Plaintiffs request 9 that Case Management Conference be continued for sixty days in order to allow Plaintiffs to 10 prepare and file a Motion for Default Judgment.

The above stated facts are set forth in the accompanying Declaration of Concepcion E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, 13 filed herewith. 14

Dated: April 9, 2013 WEINBERG, ROGER & ROSENFELD A Professional Corporation /s/ Concepcion E. Lozano-Batista By: CONCEPCION E. LOZANO-BATISTA Attorneys for Plaintiffs

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Based upon the foregoing Ex Parte Application for Continuance of Case Management Order and Declaration of Concepcion E. Lozano-Batista in Support of Ex Parte Application to 22 Continue Case Management Conference, the Court orders a continuance of the Case Management 23 Conference for 60 days, or as soon thereafter as a court date is available. In addition, the Court 24 orders: to June 21, 2013 at 1:30 p.m. If the Plaintiffs file a motion for default judgment before that date, the Court shall vacate the case management conference.

WEINBERG, ROGER & 132515/711157 A Professional Corporation ROSENFELD

20130410

© 1992-2013 VersusLaw Inc.



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