The Board of Trustees for the Cement Masons Health & Welfare Trust Fund for Northern California v. Tinoco et al

Filing 10

ORDER CONTINUING CASE MANAGEMENT CONFERENCE [re 9 Case Management Statement filed by The Board of Trustees for the Cement Masons Health & Welfare Trust Fund for Northern California]. Joint case management statement due 9/27/2012. Initial Case Management Conference set for 10/4/2012 11:00 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge William Alsup on 9/18/2012. (whasec, COURT STAFF) (Filed on 9/18/2012)

Susan J. Olson, SBN 152467
Ronald L. Richman, SBN 139189
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 Plaintiff
BOARD OF TRUSTEES FOR THE
CEMENT MASONS HEALTH AND
WELFARE FUND FOR NORTHERN
CALIFORNIA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
BOARD OF TRUSTEES FOR THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA,

Case No.: C 12-3206 WHA
PLAINTIFFS' CASE MANAGEMENT
STATEMENT; ORDER THEREON

Plaintiff,
Date:
Time:
Ctroom:

VS.

JOSE G. TINOCO, an individual; LETICIA
MEDINA, an individual,

September 20, 2012
11:00 a.m.
8, 19th Floor
Hon. William H. Alsup

Defendants.
Plaintiffs Board of Trustees for the Cement Masons Health and Welfare Trust Fund
("Trust Fund") hereby provide this abbreviated case management conference statement.
On June 20, 2012 Plaintiffs filed their Complaint for Equitable Relief under ERISA
against Defendants Jose G. Tinoco and Leticia Medina, husband and wife. Defendant Jose G.
Tinoco is employed as a laborer. Pursuant to his employment with employers who are signatory
to the collective bargaining agreements and trust agreement by which the Trust Fund, an
employee benefit plan, is maintained, Defendant Tinoco has been a participant in the Trust
Fund's Health and Welfare Plan.
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PLAINTIFFS' CASE MANAGEMENT STATEMENT; ORDER THEREON

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On or about November 27, 2009 while Defendant Tinoco was a participant in the Trust

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Fund's Health and Welfare Plan, Defendant's spouse, Defendant Medina, sustained bodily

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injuries. Plaintiff Trust Fund paid benefits on behalf of Defendants covering Defendant

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Medina's medical, hospital and related expenses pursuant to Article X, Section 8 of the Health

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and Welfare Plan. Plaintiff Trust Fund has paid a total of not less than $33,613.52 in benefits on

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behalf of Defendants in connection with Defendant Medina's injuries. Pursuant to the Health

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and Welfare Plan, the Trust Fund has an automatic lien in the amount of not less than

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$33,613.52 against any third party recovery by Defendants.

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Plaintiff is informed and believes that Defendants are actively pursuing, or have received

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a monetary recovery in connection with, a lawsuit against one or more third parties for the

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bodily injuries sustained by Defendant Medina. Plaintiff Trust Fund is entitled to recover, under

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its automatic lien, the amount recovered by Defendant Leticia Medina against the responsible

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parties for the injuries Defendant Medina sustained, according to proof at trial

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Plaintiff is actively engaged in settlement discussions with defendants and believe that a

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settlement is possible within the next thirty (30) days. If a settlement is not reached and this

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case not dismissed within thirty (30) days, Plaintiffs will proceed with this litigation with all due

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diligence.

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PLAINTIFFS' CASE MANAGEMENT STATEMENT; ORDER THEREON

Based on the above, Plaintiffs respectfully request that this Court continue the case
management conference for a period of thirty days.
DATED: September 12, 2012
BULLIVANT HOUSER BAILEY PC

By

14/.-e'r
Susan J. Olson
Ronald L. Richman

Attorneys for Plaintiff
BOARD OF TRUSTEES FOR THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA

ORDER

Pursuant to the Plaintiffs' request to continue the case management conference and good
cause appearing:
IT IS HEREBY ORDERED that the September 20, 2012 case management conference
be continued to October 4 , 2012 at 11:00 a.m.., Courtroom 8, 19 th floor.

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DATED: September , 2012
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HON. WILLIAM H. ALSUP
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RD DISTRICT JUDGE
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PLAINTIFFS' CASE MANAGEMENT STATEMENT; ORDER THEREON