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

Filing 20

ORDER CONTINUING CMC. Signed by Judge Maria-Elena James on 2/11/2010. (mejlc1, COURT STAFF) (Filed on 2/11/2010)

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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: February 18, 2010 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

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 was completed. The results of audit were provided by Plaintiffs Laborers Trust Funds to Defendant Davis Moreno. Defendant Davis Moreno provided the Trust Funds with additional information and documentation. Based on this additional information and documentation, on December 11, 2009, the Trust Funds presented Davis Moreno, through counsel, with the revised audit. To date, the parties have not reached agreement regarding the revised audit. /// /// /// /// /// /// /// /// /// /// ///

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JOINT STATUS CONFERENCE STATEMENT

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Based on the value of the dispute, the parties agree to mediation. DATED: February 9, 2010 BULLIVANT HOUSER BAILEY PC

By _________/s/_______________________ Ronald L. Richman Attorneys for Plaintiffs DATED: February 9, 2010 LAW OFFICE OF RUSSELL D.COOK

By ________/s/_________________________ Russell D. Cook Attorneys for Defendant As the parties intend to proceed with mediation, the Court hereby CONTINUES the C.M.C. to May 20, 2010 at 10:00 a.m. All deadlines are adjusted accordingly. Dated: February 11, 2010

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