Free Motion for Entry of Default - District Court of California - California

Case 4:07-cv-04783-CW

Document 13

Filed 01/28/2008

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BARRY E. HINKLE, Bar No. 071223 CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227 KRISTINA M. ZINNEN, Bar No. 245346 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone 510.337.1001 Fax 510.337.1023 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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,

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

GEOTECH CONSTRUCTION, INC., a California Corporation, Defendant.

C 07-04783 BZ ) No. ) ) ) ) REQUEST FOR ENTRY OF DEFAULT ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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REQUEST FOR ENTRY OF DEFAULT
Case No. C 07-04783 BZ

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

TO:

THE CLERK OF THE COURT: Request is hereby made that the default of GEOTECH CONSTRUCTION, INC., a

California Corporation, be entered. Defendant has failed to appear or otherwise respond to the Complaint that was served on them on December 20, 2007, and for which proof of service was filed before this Court with the Summons on January 7, 2008. The above stated facts are set forth in the accompanying declaration of Concepción E. Lozano-Batista, filed herewith.

Dated: January 28, 2008 WEINBERG, ROGER & ROSENFELD A Professional Corporation

By: ______/s/_________________________ CONCEPCIÓN E. LOZANO-BATISTA
115854/482162

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Case No. C 07-04783 BZ

Case 4:07-cv-04783-CW

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

PROOF OF SERVICE (CCP 1013) I am a citizen of the United States and an employee in the County of Alameda, State of California. I am over the age of eighteen years and not a party to the within action; my business address is 1001 Marina Village Parkway, Suite 200, Alameda, California 94501-1091. On January 28, 2008, I served upon the following parties in this action: Geotech Construction 3801 Third Street San Francisco, CA 94124 copies of the document(s) described as: REQUEST FOR ENTRY OF DEFAULT BY MAIL I placed a true copy of each document listed herein in a sealed envelope, addressed as indicated herein, and caused each such envelope, with postage thereon fully prepaid, to be placed in the United States mail at Alameda, California. I am readily familiar with the practice of Weinberg, Roger & Rosenfeld for collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it is placed for collection. BY PERSONAL SERVICE I placed a true copy of each document listed herein in a sealed envelope, addressed as indicated herein, and caused the same to be delivered by hand to the offices of each addressee. BY OVERNIGHT DELIVERY SERVICE I placed a true copy of each document listed herein in a sealed envelope, addressed as indicated herein, and placed the same for collection by Overnight Delivery Service by following the ordinary business practices of Weinberg, Roger & Rosenfeld, Alameda, California. I am readily familiar with the practice of Weinberg, Roger & Rosenfeld for collection and processing of Overnight Delivery Service correspondence, said practice being that in the ordinary course of business, Overnight Delivery Service correspondence is deposited at the Overnight Delivery Service offices for next day delivery the same day as Overnight Delivery Service correspondence is placed for collection. BY FACSIMILE I caused to be transmitted each document listed herein via the fax number(s) listed above or on the attached service list. I certify under penalty of perjury that the above is true and correct. Executed at Alameda, California, on January 28, 2008. __/s/_________________ Laureen Arnold

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Case No. C 07-04783 BZ