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 23

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)

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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: 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 1 TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, 2 Plaintiffs, 3 VS. 4 INDUSTRIAL COMMERCIAL CONCRETE CONSTRUCTION, INC., a California corporation; and JEFFREY J. HUSTON, an 6 individual, 5 7 Defendants. 8 9 Plaintiffs Laborers Trust Funds provide this updated case management statement. 10 On May 6, 2014, Plaintiffs Laborers Trust Funds filed their Complaint for Damages for 11 Breach of Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, For 12 Breach of Fiduciary Duty and for a Mandatory Injunction ("Complaint") before this Court. 13 Plaintiffs seek to recover fringe benefit contributions due and owing on behalf of Industrial 14 Commercial Concrete Construction, Inc.'s covered employees. 15 On May 6, 2014, the Cement Masons Trust Funds filed their Complaint for Damages for 16 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 20 covered employees. 21 The Laborers Trust Funds and Cement Masons Trust Funds are located in the same 22 building and share the same auditor and management of their respective collections 23 departments. The two Trust Funds are jointly administered. On July 31, 2014, an 24 Administrative Motion to Relate Cases was filed. On August 21, 2014, the Administrative 25 Motion to Relate Cases was granted and these two cases were assigned to this Court. 26 /// 27 /// 28 /// —2— CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON 1 Since filing both Complaints, Plaintiffs made several attempts to locate and serve 2 defendants. Plaintiffs have not been able to locate and serve defendants. On September 24, 3 2014, Plaintiffs Laborers Trust Funds filed their Motion to Serve Defendants by Publication. 4 Hearing on the Motion is set for November 6, 2014. 5 Based on the above, Plaintiffs Laborers Trust Funds respectfully request that this Court 6 continue the October 16, 2014 Case Management Conference until after the hearing on the 7 November 6, 2014 Motion to Serve Defendants by Publication. 8 DATED: October 7, 2014 9 BULLIVANT HOUSER BAILEY PC 10 11 ICI By Ronald L. Richman 12 Attorneys for Plaintiffs 13 14 15 ORDER 16 17 Based on the Plaintiffs' request to continue the case management conference and good cause appearing, 18 IT IS HEREBY ORDERED that the October 16, 2014 case management conference be 19 continued November 20 at 1:30 p.m., Courtroom F, 15 th Floor. Plaintiffs shall to , 2014 20 file an updated case management conference statement no later than seven (7) days prior to the 21 continued case management conference. 22 DATED: October 14 , 2014 23 24 By: HON. JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 25 26 27 15259267.1 28 —3— CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON

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