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
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ORDER granting (22 in 3:14-cv-02064-JSC) Request to Continue Case Management Conference, filed by Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California, Board of Trustees of the Cement Masons Pension T rust Fund for Northern California, Board of Trustees of the Cement Masons Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Cement Masons Training Trust Fund for Northern California. Signed by Magistrate Judge Jacqueline Scott Corley on 10/14/2014. (ahm, COURT STAFF) (Filed on 10/14/2014)
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: 415.352.2700
Facsimile . 415.352.2701
E-Mail: ron.richman@bullivant.com
susan.olson@bullivant.com
edward.winchester@bullivant.com
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
CALIFORNIA,
Case No.: C 14-02061 JSC
CASE MANAGEMENT CONFERENCE
STATEMENT; [PROPOSED] ORDER
THEREON
Date:
Time:
Ctroom:
October 16, 2014
1:30 p.m.
F, 15 h Floor
Hon. Jacqueline Scott Corley
Plaintiff,
V S.
INDUSTRIAL COMMERCIAL CONCRETE
CONSTRUCTION, INC., a California
corporation; and JEFFREY J. HUSTON, an
individual,
Defendants.
BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; AND BOARD
OF TRUSTEES OF THE CEMENT MASONS
Case No.: C 14-02064 JSC
—1—
CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON
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TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,
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Plaintiffs,
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VS.
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INDUSTRIAL COMMERCIAL CONCRETE
CONSTRUCTION, INC., a California
corporation; and JEFFREY J. HUSTON, an
6 individual,
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7
Defendants.
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Plaintiffs Laborers Trust Funds provide this updated case management statement.
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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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On May 6, 2014, the Cement Masons Trust Funds filed their Complaint for Damages for
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Breach of Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, For
17
Breach of Fiduciary Duty and for a Mandatory Injunction ("Complaint") in Case No. C 14-
18
02064 DMR. Plaintiffs Cement Masons Trust Funds seek to recover fringe benefit
19
contributions due and owing on behalf of Industrial Commercial Concrete Construction, Inc.'s
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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. On July 31, 2014, an
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Administrative Motion to Relate Cases was filed. On August 21, 2014, the Administrative
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Motion to Relate Cases was granted and these two cases were assigned to this Court.
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///
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///
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CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] 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. On September 24,
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2014, Plaintiffs Laborers Trust Funds filed their Motion to Serve Defendants by Publication.
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Hearing on the Motion is set for November 6, 2014.
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Based on the above, Plaintiffs Laborers Trust Funds respectfully request that this Court
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continue the October 16, 2014 Case Management Conference until after the hearing on the
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November 6, 2014 Motion to Serve Defendants by Publication.
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DATED: October 7, 2014
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BULLIVANT HOUSER BAILEY PC
10
11
ICI
By
Ronald L. Richman
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Attorneys for Plaintiffs
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14
15
ORDER
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Based on the Plaintiffs' request to continue the case management conference and good
cause appearing,
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IT IS HEREBY ORDERED that the October 16, 2014 case management conference be
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continued November 20 at 1:30 p.m., Courtroom F, 15 th Floor. Plaintiffs shall
to , 2014
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file an updated case management conference statement no later than seven (7) days prior to the
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continued case management conference.
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DATED: October 14 , 2014
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By:
HON. JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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15259267.1
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CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON
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