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Bd. of Trs. v. Ontiveros Concrete, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 21, 2013
Case No.: 12-cv-06338-YGR (N.D. Cal. Mar. 21, 2013)

Opinion

Case No.: 12-cv-06338-YGR

03-21-2013

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, Plaintiffs, v. ONTIVEROS CONCRETE, INC., Defendant.


ORDER STAYING ACTION PENDING

RESOLUTION OF CHAPTER 7 BANKRUPTCY

AND VACATING CASE MANAGEMENT

CONFERENCE

The Court has received notice that Defendant filed a petition for bankruptcy. (Dkt. No. 5.) Accordingly, this action is STAYED and the Court now sets this matter for a Bankruptcy Status Hearing at 9:01 a.m. on Friday, September 27, 2013. The Case Management Conference scheduled for March 25, 2013 is hereby VACATED.

Five (5) business days prior to the date of the Status Hearing, Plaintiffs must file a Case Management Statement informing the Court of the status of the bankruptcy proceedings. If the Case Management Statement has been timely filed, no appearance will be required and the Status Hearing will be taken off calendar. Telephonic appearances will be allowed if the statement has been submitted in a timely fashion and the Court deems the hearing necessary. Failure to do so may result in sanctions.

If Plaintiffs become aware that the bankruptcy stay has been vacated, modified to allow this matter to proceed, or terminated by dismissal of the bankruptcy action, Plaintiffs must immediately serve and file a notice that the bankruptcy stay is no longer in effect and request the setting of a Case Management Conference. Failure to file the Case Management Statement, appear at the Status Hearing, or file the notice that the bankruptcy stay is no longer in effect, may result in sanctions, including monetary sanctions or dismissal.

IT IS SO ORDERED.

_________________

YVONNE GONZALEZ ROGERS

UNITED STATES DISTRICT COURT JUDGE


Summaries of

Bd. of Trs. v. Ontiveros Concrete, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 21, 2013
Case No.: 12-cv-06338-YGR (N.D. Cal. Mar. 21, 2013)
Case details for

Bd. of Trs. v. Ontiveros Concrete, Inc.

Case Details

Full title:THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 21, 2013

Citations

Case No.: 12-cv-06338-YGR (N.D. Cal. Mar. 21, 2013)