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

Filing 29

Stipulation and Order for Plaintiffs to File Second Amended Complaint, signed by Magistrate Judge Michael J. Seng on 07/18/2014. (Yu, L)

1 HENRY Y. CHIU 222927
TUCKER, CHIU, HEBESHA & WARD PC
2 5260 North Palm Avenue, Suite 205
Fresno, California 93704
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs
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JUSTIN D. HARRIS 199112
6 MOTSCHIEDLER, MICHAELIDES ET AL.
1690 West Shaw Avenue, Suite 200
7 Fresno, California 93711
Telephone: [phone]
8 Facsimile: [phone]
9 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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* * *

14 BOARDS OF TRUSTEES OF THE
ROOFERS LOCAL 27 HEALTH AND
15 WELFARE TRUST FUND, NATIONAL
ROOFING INDUSTRY PENSION PLAN,
16 ROOFERS LOCAL 27, FRESNO ROOFING
CONTRACTORS VACATION FUND, and
17 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
21 corporation; DAVID BRUCE FRYER;
LEIGH ANN FRYER; INTERNATIONAL
22 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 SECOND
AMENDED COMPLAINT

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

27 National Roofing Industry Pension Plan, Roofers Local 27, Fresno Roofing Contractors Vacation
TUCKER, CHIU,
HEBESHA & WARD PC

28 Fund and Roofers Local 27 Apprenticeship Training Fund (collectively, “Plaintiffs”) and

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

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STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT

1 defendants Fryer Roofing Co. Inc., David Bruce Fryer, Leigh Ann Fryer, International Fidelity
2 Insurance Company and Old Republic Surety Company (collectively, “Defendants”) hereby
3 stipulate to the following:
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STIPULATION
1.

The First Amended Complaint on file herein seeks, among other things,

6 delinquent fringe benefit contributions and related damages for the months of August 2013,
7 September 2013, November 2013, December 2013 and January 2014.
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2.

At the time the First Amended Complaint was filed, the fringe benefit

9 contributions for February 2014 and onward had not become due.
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3.

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

11 on its fringe benefit contributions for the months of February 2014, March 2014 and April 2014.
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4.

Plaintiffs also wish to correct an omission, whereby the header of their Fourth

13 Claim for Relief (Claim Upon Contractor’s License Bond) omits defendant Old Republic Surety
14 Company, although the body of the Claim expressly references that Defendant.
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5.

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

16 agree that Plaintiffs shall be permitted to file a Second Amended Complaint, as described above.
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The Parties therefore respectfully request that the Court issue an Order pursuant to this

18 Stipulation, for Plaintiffs to file a Second Amended Complaint comprising the additional
19 allegations above by July 31, 2014.
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Dated: July 8, 2014.

TUCKER, CHIU, HEBESHA & WARD

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By

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

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Dated: July 8, 2014.

MOTSCHIEDLER, MICHAELIDES & WISHON

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TUCKER, CHIU,
HEBESHA & WARD PC

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By

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

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

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STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT

1

ORDER

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

3 grants Plaintiffs leave to file a Second Amended Complaint, as described above, by July 31,
4 2014.
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6 IT IS SO ORDERED.
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8

Dated:

July 18, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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TUCKER, CHIU,
HEBESHA & WARD PC

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8616.10-PLDG-Stip Amend 2.doc

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

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STIPULATION AND ORDER FOR
PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT