UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DIVISION
April 15, 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,
PROTECH SERVICES, INC., A CALIFORNIA CORPORATION, INDIVIDUALLY AND DOING BUSINESS AS
PROTECH GENERAL CONTRACTING SERVICES
The opinion of the court was delivered by: Honorable Maria Elena James United States District Court Judge
EX PARTE APPLICATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; (PROPOSED) ORDER
TO: THE CLERK OF THE COURT AND DEFENDANT PENINSULA BUILDERS, INC., A California Corporation: Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the initial Case Management Conference scheduled for April 18, 2013 at 10:00 a.m. be continued for ninety days WEINBERG, ROGER & ROSENFELD A Professional Corporation to allow Plaintiffs additional time to prepare and serve a Motion for Default Judgment on 2 Defendant. 3
Plaintiffs filed its Complaint in this matter on February 23, 2012. Defendant was served 4 on June 8, 2012. On June 14, 2012, Plaintiffs' counsel was contacted by Defendant's counsel, 5
Michael M. Noble, who stated that he would be filing an answer. Plaintiffs awaited the filing of 6 the answer, which never came. On July 2, 2012, Plaintiffs' counsel received an Answer by mail 7 that had not been filed with the Court. Plaintiffs' counsel made several phone calls to Mr. 8 Noble's office to notify him of this fact and did not receive a response. On August 6, 2012, 9 Plaintiff's counsel sent Mr. Noble correspondence letting him know that the Answer had not been 10 filed and requesting confirmation that Mr. Noble continued to represent the Defendant in this 11 matter. Mr. Noble did not respond. 12
On October 2, 2012, Plaintiffs requested that the Court enter Defendant's Default. Default 13 was entered on October 4, 2012. 14
On or around November 16, Plaintiffs' counsel was contacted by telephone by a new 15 attorney representing Defendant, David. S. Barrett. Plaintiffs attempted on various occasions to 16 settle this matter with Defendant via Mr. Barrett, as well as to seek payment of the delinquent 17 amounts from general contractors, with whom Defendant worked.
Given that Defendant has stopped responding to Plaintiffs demands for payment or 19 settlement, Plaintiffs will be filing a Motion for Default Judgment. 20 Given these facts, Plaintiffs request that Case Management Conference be continued for 21 ninety days in order to allow Plaintiffs additional time to prepare and file this motion. 22
WEINBERG, ROGER & ROSENFELD
Ex Parte Application for Continuance of Case Management Conference; (Proposed) Order, Case No. 12-cv-1047 MEJ 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 (510) 337-1001
A Professional Corporation
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, 3 filed herewith. 4 Dated: April 12, 2013 5 WEINBERG, ROGER & ROSENFELD A Professional Corporation
By: /s/ Concepcion E. Lozano-Batista 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 13 Continue Case Management Conference, the Court orders a continuance of the Case Management 12 60 until June 13,2013 at 10:00 a.m.
Conference for 90 days, or as soon thereafter as a court date is available. In addition, the Court 15 orders: that counsel serve defendant and/or his counsel with a copy 16 of this Order.
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