Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Davis Moreno Construction Inc.

Filing 18

ORDER CONTINUING CMC. Signed by Judge Maria-Elena James on 12/7/2009. (mejlc1, COURT STAFF) (Filed on 12/7/2009)

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Ronald L. Richman, SBN 139189 Susan J. Olson, SBN 152467 BULLIVANT HOUSER BAILEY PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: [phone] Facsimile: 415.352.2701 E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No.: CV 08 5138 MEJ JOINT STATUS CONFERENCE STATEMENT; ORDER THEREON Date: December 10, 2009 Time: 10:00 a.m. Ctroom: B, 15th Floor Hon. Maria-Elena James

10 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE 11 TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF 12 THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN 13 CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND 14 FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE 15 LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN 16 CALIFORNIA, 17 18 v. Plaintiffs,

19 Davis Moreno Construction, Inc., a California Corporation, 20 Defendants. 21 22 23 24 25 26 27 28 ­1­
JOINT STATUS CONFERENCE STATEMENT; ORDER THEREON

Plaintiffs 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 ("Laborers Trust Funds"), on the one hand, and Defendant Davis Moreno Construction, Inc. ("Davis Moreno"), on the other hand, provide this Court with the following status update.

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On November 12, 2008 Plaintiffs Laborers Trust Funds filed their Complaint for Damages for Breach of Collective Bargaining Agreement and For a Mandatory Injunction ("Complaint"). Plaintiffs seek to conduct an audit of Defendant's books and records to determine if Defendant properly reported and paid its trust fund contributions on behalf of its covered workers. Defendant Davis Moreno was served with the lawsuit and filed an answer to the complaint on December 5, 2009. Defendant Davis Moreno agreed to allow the audit to be conducted, pursuant to the Stipulated Protective Order filed with this Court and without waiving any of its legal rights or remedies. The audit has been completed. The results of audit have been provided by Plaintiffs Laborers Trust Funds to Defendant Davis Moreno. The parties are directly working with each other to review and discuss the audit results. The parties are informally exchanging information and documentation regarding the audit results in an attempt to resolve any dispute regarding the results of audit. At this date, the parties are effectively communicating with each other and there is every indication that the parties will continue to cooperate with each other, exchange further information and documentation and, if necessary, meet and confer regarding the results of audit. It is further anticipated that the parties will need to continue to meet and confer over the next 60 days to discuss any issues related to the audit. /// /// /// /// /// /// /// /// ///

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JOINT STATUS CONFERENCE STATEMENT; ORDER THEREON

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Based on the above, the parties respectfully request that this Court continue the Case Management Conference for 60 days. DATED: December 3, 2009 BULLIVANT HOUSER BAILEY PC

By _________/s/_______________________ Ronald L. Richman Attorneys for Plaintiffs DATED: December 3, 2009 LAW OFFICE OF RUSSELL D.COOK

By ________/s/_________________________ Russell D. Cook Attorneys for Defendant

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JOINT STATUS CONFERENCE STATEMENT; ORDER THEREON

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12168321.1

ORDER The parties having submitted this Joint Status Conference Statement and there appearing to be good cause to continue the Status Conference: IT IS HEREBY ORDERED that the Case Management Conference scheduled for February 18, 2010 December 10, 2009 shall be continued to _________________ at 10:00 a.m., Courtroom B, 15th Floor. The parties are required to submit a Joint Case Management Conference Statement seven (7) days prior to the new Case Management Conference advising this Court as to the status of the audit and the parties' informal attempts to resolve any dispute regarding the results of audit. DATED: December 7 2009 __, By

HON. MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE

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JOINT STATUS CONFERENCE STATEMENT; ORDER THEREON