Opinion
No. 12-cv-1047 MEJ
04-15-2013
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, Plaintiff, v. PROTECH SERVICES, INC., a California corporation, individually and doing business as PROTECH GENERAL CONTRACTING SERVICES Defendant.
BARRY E. HINKLE, Bar No. 071223 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 WEINBERG, ROGER & ROSENFELD A Professional Corporation Attorneys for Plaintiff
BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
Attorneys for Plaintiff
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 to allow Plaintiffs additional time to prepare and serve a Motion for Default Judgment on Defendant.
Plaintiffs filed its Complaint in this matter on February 23, 2012. Defendant was served on June 8, 2012. On June 14, 2012, Plaintiffs' counsel was contacted by Defendant's counsel, Michael M. Noble, who stated that he would be filing an answer. Plaintiffs awaited the filing of the answer, which never came. On July 2, 2012, Plaintiffs' counsel received an Answer by mail that had not been filed with the Court. Plaintiffs' counsel made several phone calls to Mr. Noble's office to notify him of this fact and did not receive a response. On August 6, 2012, Plaintiff's counsel sent Mr. Noble correspondence letting him know that the Answer had not been filed and requesting confirmation that Mr. Noble continued to represent the Defendant in this matter. Mr. Noble did not respond.
On October 2, 2012, Plaintiffs requested that the Court enter Defendant's Default. Default was entered on October 4, 2012.
On or around November 16, Plaintiffs' counsel was contacted by telephone by a new attorney representing Defendant, David. S. Barrett. Plaintiffs attempted on various occasions to settle this matter with Defendant via Mr. Barrett, as well as to seek payment of the delinquent amounts from general contractors, with whom Defendant worked.
Given that Defendant has stopped responding to Plaintiffs demands for payment or settlement, Plaintiffs will be filing a Motion for Default Judgment.
Given these facts, Plaintiffs request that Case Management Conference be continued for ninety days in order to allow Plaintiffs additional time to prepare and file this motion.
The above stated facts are set forth in the accompanying Declaration of Conceptión E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, filed herewith.
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
By: ________________________
CONCEPCIÓN 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 Conception E. Lozano-Batista in Support of Ex Parte Application to Continue Case Management Conference, the Court orders a continuance of the Case Management Conference for 60 days, until June 13,2013 at 10:00 a.m. In addition, the Court orders: that counsel serve defendant and/or his counsel with a copy of this Order.
___________________
HONORABLE MARIA ELENA JAMES
United States District Court Judge