Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al -v- Vigil

Filing 44

ORDER for Supplemental Briefing and Vacating March 30, 2011 Motion Hearing Re 39 . Signed by Judge Edward M. Chen on 2/25/2011. (emcsec, COURT STAFF) (Filed on 2/25/2011)

Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern...ifornia et al -v- Vigil

Doc. 44

1 2 3 4 5 6 7 8 9 10 THE BOARD OF TRUSTEES OF THE SHEET METAL WORKERS HEALTH CARE PLAN OF NORTHERN CALIFORNIA, et al., Plaintiffs, 11
For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C-09-5138 EMC ORDER FOR SUPPLEMENTAL BRIEFING AND VACATING MARCH 30, 2011 MOTION HEARING

United States District Court

v. 12 JOSE RODNEY VIGIL, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 25, 2011 _________________________ EDWARD M. CHEN United States Magistrate Judge A hearing on Plaintiffs' Motion for Default Judgment is currently scheduled for March 30, 2011. That hearing is hereby VACATED. Plaintiffs are directed to file with the Court a supplemental brief providing authority for the proposition that Defendant was subject to a binding Union Agreement for the period from July 1, 2006 to June 30, 2010 notwithstanding the fact that he apparently did not sign the Agreement for this period, by virtue of his "adher[ence] to its terms and conditions, including the payment of trust fund contributions to [P]laintiffs." See Compl. ¶ 2. The supplemental brief shall be due no later than March 7, 2011. The Court will take the matter under submission thereafter. IT IS SO ORDERED. Defendant. ___________________________________/

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