Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. C and C Concrete, Inc. et al

Filing 67

ORDER TO SHOW CAUSE and SETTING FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/26/2012. Show Cause Response due by 7/26/2012. Further Case Management Conference set for 8/2/2012 11:00 AM in Courtroom C, 15th Floor, San Francisco. Order to Show Cause Hearing set for 8/2/2012 11:00 AM.. Signed by Magistrate Judge Laurel Beeler on 7/11/2012. (lblc2, COURT STAFF) (Filed on 7/11/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA et al.,

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No. C 10-03343 LB
ORDER TO SHOW CAUSE AND
SETTING FURTHER CASE
MANAGEMENT CONFERENCE

Plaintiffs,
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[Re: ECF No. 66]
v.

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C AND C CONCRETE, INC., et al.,
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Defendants.
_____________________________________/
On July 29, 2010 Plaintiffs – the trustees of employee benefits plans for masons and other

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covered employees in the construction industry – filed a complaint against Defendants C and C

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Concrete, Inc. (“C and C Concrete”) and Jose R. Herrera, Jr. (collectively, “Defendants”), for failing

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to pay employee fringe benefits and make monthly reports in violation of the parties’ collective

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bargaining agreement, the trust agreements, and the Employee Retirement Income Security Act

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(“ERISA”). See Complaint, ECF No. 1 at 1-2, ¶ 1.1

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Defendants were represented by attorney Scott Woodall. On April 24, 2012, Mr. Woodall moved
to withdraw as Defendants’ counsel because Defendants were no longer able to pay their agreed-

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 10-03343 LB
ORDER

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upon attorney’s fees and did not intend to do so. Motion to Withdraw, ECF No. 62 at 1-2; Woodall

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Declaration, ECF No. 62-1 at 2, ¶ 7. On May 25, 2012, the court granted Mr. Woodall’s motion.

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Order Granting Defendants’ Counsel’s Motion to Withdraw, ECF No. 66 at 1. In the order, the

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court noted that “corporations may not appear in federal court except through counsel,” see N.D.

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Cal. Civil Local Rule 3-9(b), and ordered C and C Concrete to file a substitution of counsel by June

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29, 2012. Order Granting Defendants’ Counsel’s Motion to Withdraw, ECF No. 66 at 3. It also

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ordered Mr. Herrera to file either a notice of his intention to proceed pro se or a substitution of

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counsel by June 29, 2012. Id. Neither C and C Concrete nor Mr. Herrera have filed anything.

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Therefore, Defendants are ORDERED to appear at 11:00 a.m. on August 2, 2012 to show cause
for failure to comply with the court’s May 25, 2012 order. Defendants also are required to file a

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response to the Order to Show Cause by July 26, 2012.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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The court also sets a Further Case Management Conference for 11:00 a.m. on August 2, 2012.

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Accordingly, the parties are required to file updated case management statements by July 26, 2012.

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IT IS SO ORDERED.

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Dated: July 11, 2012.
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 10-03343 LB
ORDER

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