Board of Trustees of the Laborers Health and Welfare Trust Fund For Northern California et al v. Tear-N-It Up Demolition, Inc. et al

Northern District of California, cand-4:2015-cv-01215

ORDER GRANTING {{16}} MOTION to Continue Case Management Conference. Case Management Statement due by 8/21/2015. Initial Case Management Conference set for 8/28/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 6/18/15.

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1 Ronald L. Richman, SBN 139189 Susan J. Olson, SBN 152467 2 Edward D. Winchester, SBN 271500 BULLIVANT HOUSER BAILEY PC 3 235 Pine Street, Suite 1500 San Francisco, California 94104-2752 4 Telephone: 415.352.2700 Facsimile: 415.352.2701 5 E-mail: ron.richman@bullivant.com susan.olson@bullivant.com 6 edward.winchester@bullivant.com 7 Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 BOARD OF TRUSTEES OF THE Case No.: 4:15-cv-01215-JSW LABORERS HEALTH AND WELFARE 12 TRUST FUND FOR NORTHERN PLAINTIFFS' REQUEST TO CONTINUE CALIFORNIA; BOARD OF TRUSTEES OF CASE MANAGEMENT CONFERENCE; 13 THE LABORERS VACATION-HOLIDAY PROPOSED ORDER THEREON TRUST FUND FOR NORTHERN 14 CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND Date: June 26, 2015 15 FOR NORTHERN CALIFORNIA; and Time: 11:00 a.m. BOARD OF TRUSTEES OF THE Ctroom: 5, 2nd Floor 16 LABORERS TRAINING AND RETRAINING Hon. Jeffrey S. White TRUST FUND FOR NORTHERN 17 CALIFORNIA, 18 Plaintiffs, 19 vs. 20 TEAR-N-IT UP DEMOLITION, INC., a California corporation; and GUADALUPE 21 MANUEL CERVANTES, an individual, 22 Defendants. 23 24 25 26 27 28 PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER THEREON 1 Plaintiffs Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern 2 California, Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern 3 California, Board of Trustees of the Laborers Pension Trust Fund for Northern California, and 4 Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California 5 ("Laborers Trust Funds") hereby request that the Court continue the case management 6 conference currently set for June 26, 2015, at 11:00 A.M., in Courtroom 5, 2nd Floor, 1301 Clay 7 Street, Oakland, California based on the following: 8 On March 13, 2015, Plaintiffs filed their Complaint for Damages for Breach of 9 Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, For Breach of 10 Fiduciary Duty and for a Mandatory Injunction. (Complaint, Doc. # 1.) 11 On March 29, 2015, service was made on defendant Guadalupe Manuel Cervantes both 12 in his personal capacity and in his capacity as agent for service of process for co-defendant 13 Tear-In-It Up Demolition, Inc. (Proofs of Service, Doc. #10-11.) Neither defendant timely filed 14 a responsive pleading. 15 On May 1, 2015, the Clerk entered default against both defendants. (Doc. # 15.) 16 Counsel for the Plaintiffs is currently drafting a motion for default judgment against both 17 defendants and will have it on file with the court within 14 calendar days of the filing of this 18 request. 19 Based on the above, Plaintiffs Laborers Trust Funds respectfully request that this Court 20 continue the case management conference until a date after June 30, 2015, allowing the 21 Laborers Trust Funds time to file their motion for default judgment. 22 23 DATED: June 16, 2015 24 BULLIVANT HOUSER BAILEY PC 25 26 By /s/ Edward D. Winchester Edward D. Winchester 27 Attorneys for Plaintiffs 28 15600085.1 –1– PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER THEREON 1 ORDER 2 Based on Plaintiffs Laborers Trust Funds' request to continue the case management 3 conference and good cause appearing: 4 IT IS HEREBY ORDERED that the June 26, 2015 case management conference be 5 August 28 continued to _________________, 2015 at 11:00 a.m. in Courtroom 5, 2nd Floor, 1301 Clay 6 Street, Oakland, California. The parties shall file a joint case management conference no later 7 than seven days before the date of the continued case management conference. 8 9 18 2015 DATED: June ___, 10 11 By: HON. JEFFREY S. WHITE 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 –2– PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER THEREON