Crosthwaite et al v. Galletti & Sons, Inc.
Filing
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ORDER GRANTING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, DENYING WITHOUT PREJUDICE APPLICATION FOR EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR WRIT OF ATTACHMENT. Order to Show Cause Hearing set for 8/22/2012 02:00 PM. Show Cause Response due by 8/17/2012. Reply due by 5:00 p.m., 8/20/2012. Signed by Judge Claudia Wilken on 8/10/2012. (hlkS, COURT STAFF) (Filed on 8/10/2012)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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F. G. CROSTHWAITE, et al., as Trustees of
6 of the OPERATING ENGINEERS’ HEALTH
AND WELFARE TRUST FUND, et al.
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Plaintiffs,
v.
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9 GALLETTI & SONS, INC., aka GALLETTI
AND SONS, INC., fka GALLETTI
10 CONCRETE PUMPING CO., aka GALLETTI
CONCRETE, INC., a California Corporation,
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Defendant.
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Case No.: C12-1242 CW
ORDER GRANTING PLAINTIFFS’
APPLICATION FOR TEMPORARY
RESTRAINING ORDER and ORDER TO
SHOW CAUSE, DENYING WITHOUT
PREJUDICE APPLICATION FOR EXPARTE RIGHT TO ATTACH ORDER and
ORDER FOR WRIT OF ATTACHMENT
Having considering Plaintiffs’ Motion, and all supporting documents, the Court hereby
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ORDERS as follows:
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1.
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Plaintiffs’ Motion for a Temporary Restraining Order, freezing Defendant’s assets
and halting any transfer or disposition of Defendant’s equipment or assets, through sale or
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otherwise, is GRANTED.
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2.
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contractors, purchasers of Defendant’s equipment or other assets both liquid and fixed, and
received or to be received, as described in Plaintiffs’ Motion.
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3.
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This Order specifically applies to any and all funds received from general
Any monies already in Defendant’s possession, or received following this Order,
including from the sale of Defendant’s assets or equipment, up to an amount of $411,507.92, shall
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be deposited immediately with the Clerk of the Court of the Northern District of California.
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4.
Pursuant to Federal Rule of Civil Procedure 65(c), Plaintiffs shall post security in
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the amount of $5,000.00 within two (2) court days after the date of this Order. Plaintiffs may
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furnish the required security by making a cash deposit with the Clerk's Office in a manner that
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complies with Civil Local Rule 65.1-1.
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The Temporary Restraining Order shall be effective until the earlier of the
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a) 14 days after this Court grants Plaintiff’s request for an ex parte Right to Attach
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Order and Writ of Attachment; or
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b) 14 days after Plaintiffs’ request for issuance of a Writ of Execution is granted,
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following issuance of Judgment in this Action.
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6.
Plaintiffs’ request for an ex-parte Right to Attach Order and Writ of Attachment is
8 DENIED without prejudice on the ground that Plaintiffs have not specified the property they seek
9 to have attached.
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7.
Defendant must show cause on or before August 17, 2012, by filing, through
11 counsel, and serving that same day, any opposition to the Court's order, why this order should not
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remain in effect. Plaintiff may file a reply on August 20, 2012 by 5:00 pm and serve it on
Defendant that day. If an opposition is filed, the matter will be heard on August 22, 2012 at 2 p.m.
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in courtroom two, 1301 Clay Street, Oakland, CA. If no opposition is filed, this order shall be
continued as a preliminary injunction pending the determination of Plaintiff's motion for default
17 judgment.
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8.
Plaintiffs are directed to serve a copy of this Order on Defendant by email and First
19 Class Mail and to file a proof of service.
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IT IS SO ORDERED.
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Dated: August 10, 2012
The Honorable Claudia Wilken
United States District Court Judge
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