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 30

ORDER granting (29 in 3:14-cv-02064-JSC) Case Management Statement/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 t he Cement Masons Pension 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 Training Trust Fund for Northern California. Case Management Statement due by 1/29/2015. Case Management Conference reset for 2/5/2015 01:30 PM in Courtroom F, 15th Floor, San Francisco.. Signed by Judge Jacqueline Scott Corley on 12/12/2014. (ahm, COURT STAFF) (Filed on 12/12/2014)

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1 6 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 7 Attorneys for Plaintiffs 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 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, 18 19 Case No.: C 14-02061 JSC CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON Date: Time: Ctroom: December 18, 2014 1:30 p.m. F, 15th Floor Hon. Jacqueline Scott Corley Plaintiff, vs. 20 INDUSTRIAL COMMERCIAL CONCRETE CONSTRUCTION, INC., a California 21 corporation; and JEFFREY J. HUSTON, an individual, 22 Defendants. 23 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 –1– CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON 1 TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, 2 Plaintiffs, 3 vs. 4 INDUSTRIAL COMMERCIAL CONCRETE 5 CONSTRUCTION, INC., a California corporation; and JEFFREY J. HUSTON, an 6 individual, 7 Defendants. 8 9 10 Plaintiffs Laborers Trust Funds provide this updated case management statement. 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 22 23 On August 21, 2014, the Administrative Motion to Relate Cases was granted and these two cases were assigned to this Court. Since filing both Complaints, Plaintiffs made several attempts to locate and serve 24 Defendants: 25 • May 9, 2014; 26 • May 10, 2014; 27 • May 11, 2014; and 28 • August 21, 2014. –2– CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON 1 On September 24, 2014, Plaintiffs brought their Motion to Serve Defendants by 2 Publication. Hearing was set for November 6, 2014. On November 5, 2014 this Court issued an 3 Order denying the motion, without prejudice. The Order directed Plaintiffs to make additional 4 reasonable efforts to serve Defendants and to exhaust all other available remedies prior to 5 making a further motion to serve Defendants by publication. This Court further noted that 6 service of Defendant Industrial Commercial Concrete Construction, Inc. would be more suitable 7 for service through the Secretary of State rather than via Publication (assuming further efforts at 8 service were unproductive). 9 After the Court issued its November 5, 2014 Order, Plaintiffs attempted to once again 10 serve Defendants at 1531 N. Mitchell Canyon Road, Clayton, CA 94517, the last known 11 residential address of Defendant Jeffrey J. Huston, the President/CEO of Industrial Commercial 12 Concrete Construction, Inc. Service was attempted on the following dates: 13 • December 1, 2014; 14 • December 2, 2014 (two attempts on this date); and 15 • December 3, 2014. 16 Prior to making further attempts at service, Plaintiffs were able to verify that the 17 1531 N. Mitchell Canyon Road address is the current residence of Defendant Huston. A 18 representative of Plaintiffs is familiar with the address, has visited the residence and was 19 positively able to identify the residence with a recent photograph of the residence. In addition, 20 this representative is able to verify the white pick-up truck at the residence belonging to 21 Defendant Huston. According to Plaintiffs’ process server, the residence is occupied, lights are 22 on, the blinds are closed, and a dog barks when the process server rang the doorbell. 23 Plaintiffs’ representative has also met Defendant Huston and is familiar with his physical 24 description. Defendant Huston’s physical description matches the physical description of the 25 person who was contacted at the residence on August 21, 2014 by Plaintiffs’ process server and 26 denied to the process server that he was Defendant Huston and knew nothing about Industrial 27 Commercial Concrete Construction. 28 /// –3– CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON 1 Plaintiffs are making further attempts to serve Defendants during the next thirty days. If 2 these attempts are not successful, Plaintiffs will bring a motion to serve Defendant Industrial 3 Commercial Concrete Construction via the Secretary of State and to serve Defendant Huston via 4 publication. 5 Based on the above, Plaintiffs Laborers Trust Funds respectfully request that this Court 6 continue the December 18, 2014 Case Management Conference for an additional thirty days. If 7 Plaintiffs are unable to effectuate service within the next thirty days, Plaintiffs will file their 8 motions to serve Defendant Industrial Commercial Concrete Construction via the Secretary of 9 State and to serve Defendant Huston via publication. 10 DATED: December 11, 2014 11 BULLIVANT HOUSER BAILEY PC 12 13 By /s/ Ronald L. Richman Ronald L. Richman 14 Attorneys for Plaintiffs 15 16 17 18 19 20 ORDER Based on the Plaintiffs’ request to continue the case management conference and good cause appearing, IT IS HEREBY ORDERED that the December 18, 2014 case management conference 21 February 5 be continued to _________________, 2015 at 1:30 p.m., Courtroom F, 15th Floor. Plaintiffs 22 shall file an updated case management conference statement no later than seven (7) days prior to 23 the continued case management conference. 24 Dec. 12 DATED: ___________, 2014 25 By: 26 HON. JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 27 28 15348709.1 –4– CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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