Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Industrial Commercial Concrete Construction, Inc. et al

Filing 12

ORDER re (11 in 3:14-cv-02061-JSC) Case Management Statement (Request to continue CMC), filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retrainin g Trust Fund for Northern California, Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the Laborers Pension Trust Fund for Northern California. Signed by Magistrate Judge Jacqueline Scott Corley on 9/8/2014. (ahm, COURT STAFF) (Filed on 9/8/2014)

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Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Edward D. Winchester, SBN 271500
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]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
12 TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
13 THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
14 CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
15 FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
16 LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
17 CALIFORNIA,
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Case No.: C 14-02061 JSC

Plaintiff,
vs.

20 INDUSTRIAL COMMERCIAL CONCRETE
CONSTRUCTION, INC., a California
21 corporation; and JEFFREY J. HUSTON, an
individual,
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Defendants.
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24 BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE TRUST
25 FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
26 MASONS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
27 BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR
28 NORTHERN CALIFORNIA; AND BOARD
OF TRUSTEES OF THE CEMENT MASONS

Case No.: C 14-02064 JSC
CASE MANAGEMENT CONFERENCE
STATEMENT; ORDER THEREON
Date:
Time:
Ctroom:

September 11, 2014
1:30 p.m.
F, 15th Floor
Hon. Jacqueline Scott Corley

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

1 TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,
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Plaintiffs,
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vs.
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INDUSTRIAL COMMERCIAL CONCRETE
5 CONSTRUCTION, INC., a California
corporation; and JEFFREY J. HUSTON, an
6 individual,
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Defendants.

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Plaintiffs Cement Masons Trust Funds provide this updated case management statement.

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On May 6, 2014, Plaintiffs Cement Masons Trust Funds filed their Complaint for

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Damages for Breach of Collective Bargaining Agreement, To Recover Unpaid Trust Fund

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Contributions, For Breach of Fiduciary Duty and for a Mandatory Injunction (“Complaint”) in

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Case No.: C 14-02064 DMR. Plaintiffs seek to recover fringe benefit contributions due and

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owing on behalf of Industrial Commercial Concrete Construction, Inc.’s covered employees.

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On May 6, 2014, Plaintiffs Laborers Trust Funds filed their Complaint for Damages for

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Breach of Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, For

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Breach of Fiduciary Duty and for a Mandatory Injunction (“Complaint”) before this Court.

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Plaintiffs seek to recover fringe benefit contributions due and owing on behalf of Industrial

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Commercial Concrete Construction, Inc.’s covered employees.

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The Laborers Trust Funds and Cement Masons Trust Funds are located in the same

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building and share the same auditor and management of their respective collections

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departments. The two Trust Funds are jointly administered.

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On July 31, 2014, an Administrative Motion to Relate Cases was filed. On August 21,

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2014 the Administrative Motion to Relate Cases was granted and these two cases were assigned

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to this Court.

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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Since filing both Complaints, Plaintiffs made several attempts to locate and serve

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defendants. Plaintiffs have not been able to locate and serve defendants. Plaintiffs are

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following up on all leads. If Plaintiffs are unable to locate and serve defendants within the next

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30 days, Plaintiffs will move to serve defendants via publication.

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Based on the above, Plaintiffs Cement Masons Trust Funds respectfully request that this

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Court continue the September 11, 2014 case management conference for thirty (30) days.

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DATED: September 4, 2014

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BULLIVANT HOUSER BAILEY PC

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By /s/ Ronald L. Richman
Ronald L. Richman

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Attorneys for Plaintiffs

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ORDER
Based on the Plaintiffs’ request to continue the case management conference and good
cause appearing,
IT IS HEREBY ORDERED that the September 11, 2014 case management conference

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October 16
be continued to _________________, 2014 at 1:30 p.m., Courtroom F, 15th Floor. Plaintiffs

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shall file an updated case management conference statement no later than seven (7) days prior to

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the continued case management conference.

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Sept. 8
DATED: ___________, 2014

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By:
HON. JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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15208346.1

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON