Boards of Trustees of the Roofers Local 27 Health and Welfare Trust Fund et al v. Fryer Roofing Co., Inc. et al

Filing 21

STIPULATION and ORDER for Plaintiff's to File First Amended Complaint, signed by Magistrate Judge Michael J. Seng on 2/21/2014. (Yu, L)

1 MICHAEL E. MOSS 63408
HENRY Y. CHIU 222927
2 MOSS, TUCKER, CHIU, HEBESHA & WARD PC
5260 North Palm Avenue, Suite 205
3 Fresno, California 93704
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiffs
6 JUSTIN D. HARRIS 199112
MOTSCHIEDLER, MICHAELIDES ET AL.
7 1690 West Shaw Avenue, Suite 200
Fresno, California 93711
8 Telephone: [phone]
Facsimile: [phone]
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Attorney for Defendants
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA-FRESNO DIVISION

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15 BOARDS OF TRUSTEES OF THE
ROOFERS LOCAL 27 HEALTH AND
16 WELFARE TRUST FUND, NATIONAL
ROOFING INDUSTRY PENSION PLAN,
17 ROOFERS LOCAL 27, FRESNO ROOFING
CONTRACTORS VACATION FUND, and
18 ROOFERS LOCAL 27 APPRENTICESHIP
TRAINING FUND,
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Plaintiffs,
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v.
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FRYER ROOFING CO., INC., a California
22 corporation; DAVID BRUCE FRYER;
LEIGH ANN FRYER; INTERNATIONAL
23 FIDELITY INSURANCE COMPANY; and
DOES 1 through 50, inclusive,
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Defendants.
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Case No. 1:13-CV-01660-AWI-MJS
STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE FIRST
AMENDED COMPLAINT

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MOSS, TUCKER, CHIU,
HEBESHA & WARD PC

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5260 N. PALM AVE., # 205
FRESNO, CA 93704

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STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT

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Plaintiffs Board of Trustees of the Roofers Local 27 Health and Welfare Trust Fund,

2 National Roofing Industry Pension Plan, Roofers Local 27, Fresno Roofing Contractors Vacation
3 Fund and Roofers Local 27 Apprenticeship Training Fund (collectively, “Plaintiffs”) and
4 defendants Fryer Roofing Co. Inc., David Bruce Fryer, Leigh Ann Fryer and International
5 Fidelity Insurance Company (collectively, “Defendants”) hereby stipulate to the following:
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STIPULATION
1.

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benefit contributions and related damages for the month of August 2013.
2.

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The original Complaint on file herein seeks, among other things, delinquent fringe

At the time the original Complaint was filed, the fringe benefit contributions for
September 2013 and onward had not become due.

3.

Plaintiffs contend that, at the present time, Fryer Roofing is likewise delinquent

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on its fringe benefit contributions for the months of September 2013, November

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2013, December 2013 and January 2014.

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4.

Frye Roofing has procured a Contractors License Bond (Old Republic Surety

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Company Bond No. W150173418) with an effective date of October 16, 2013,

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which Plaintiffs contend covers some of the additional delinquent contributions.

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5.

Without any admission of liability on the parts of Defendants herein, the Parties

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agree that Plaintiffs shall be permitted to file a First Amended Complaint to add:

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(i) the additional delinquent fringe benefit contributions identified above, and the

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damages related thereto (e.g. liquidated damages and interest); and (ii) Old

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Republic Surety Company as an additional defendant.

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The Parties therefore respectfully request that the Court issue an Order pursuant to this

23 Stipulation, with a deadline of Friday, February 28, 2014, for Plaintiffs to file a First Amended
24 Complaint comprising the additional allegations above.
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Dated: February 21, 2014.

MOSS, TUCKER, CHIU, HEBESHA & WARD

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MOSS, TUCKER, CHIU,
HEBESHA & WARD PC

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By

/s/ Henry Y. Chiu
HENRY Y. CHIU
Attorney for Plaintiffs

5260 N. PALM AVE., # 205
FRESNO, CA 93704

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STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT

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Dated: February 21, 2014.

MOTSCHIEDLER, MICHAELIDES & WISHON

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By

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/s/Justin D. Harris
JUSTIN D. HARRIS
Attorney for Defendants

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ORDER

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For the reasons recited by the Parties in the Stipulation above, the Court hereby grants

11 Plaintiffs leave to file a First Amended Complaint comprising the additional allegations
12 identified above, to be filed by Friday, February 28, 2014.
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14 IT IS SO ORDERED.
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Dated:

February 21, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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8616.10-PLDG-Stip Amend 1

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MOSS, TUCKER, CHIU,
HEBESHA & WARD PC

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5260 N. PALM AVE., # 205
FRESNO, CA 93704

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STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT