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 (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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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
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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
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,
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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
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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 Laborers Trust Funds provide this updated case management statement.
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
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Breach of Fiduciary Duty and for a Mandatory Injunction (“Complaint”) in Case No. C 14-
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02064 DMR. Plaintiffs Cement Masons Trust Funds seek to recover fringe benefit
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contributions due and owing on behalf of Industrial Commercial Concrete Construction, Inc.’s
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covered employees.
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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
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Defendants:
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May 9, 2014;
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May 10, 2014;
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May 11, 2014; and
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•
August 21, 2014.
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON
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On September 24, 2014, Plaintiffs brought their Motion to Serve Defendants by
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Publication. Hearing was set for November 6, 2014. On November 5, 2014 this Court issued an
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Order denying the motion, without prejudice. The Order directed Plaintiffs to make additional
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reasonable efforts to serve Defendants and to exhaust all other available remedies prior to
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making a further motion to serve Defendants by publication. This Court further noted that
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service of Defendant Industrial Commercial Concrete Construction, Inc. would be more suitable
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for service through the Secretary of State rather than via Publication (assuming further efforts at
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service were unproductive).
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After the Court issued its November 5, 2014 Order, Plaintiffs attempted to once again
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serve Defendants at 1531 N. Mitchell Canyon Road, Clayton, CA 94517, the last known
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residential address of Defendant Jeffrey J. Huston, the President/CEO of Industrial Commercial
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Concrete Construction, Inc. Service was attempted on the following dates:
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December 1, 2014;
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December 2, 2014 (two attempts on this date); and
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December 3, 2014.
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Prior to making further attempts at service, Plaintiffs were able to verify that the
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1531 N. Mitchell Canyon Road address is the current residence of Defendant Huston. A
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representative of Plaintiffs is familiar with the address, has visited the residence and was
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positively able to identify the residence with a recent photograph of the residence. In addition,
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this representative is able to verify the white pick-up truck at the residence belonging to
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Defendant Huston. According to Plaintiffs’ process server, the residence is occupied, lights are
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on, the blinds are closed, and a dog barks when the process server rang the doorbell.
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Plaintiffs’ representative has also met Defendant Huston and is familiar with his physical
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description. Defendant Huston’s physical description matches the physical description of the
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person who was contacted at the residence on August 21, 2014 by Plaintiffs’ process server and
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denied to the process server that he was Defendant Huston and knew nothing about Industrial
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Commercial Concrete Construction.
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///
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON
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Plaintiffs are making further attempts to serve Defendants during the next thirty days. If
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these attempts are not successful, Plaintiffs will bring a motion to serve Defendant Industrial
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Commercial Concrete Construction via the Secretary of State and to serve Defendant Huston via
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publication.
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Based on the above, Plaintiffs Laborers Trust Funds respectfully request that this Court
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continue the December 18, 2014 Case Management Conference for an additional thirty days. If
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Plaintiffs are unable to effectuate service within the next thirty days, Plaintiffs will file their
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motions to serve Defendant Industrial Commercial Concrete Construction via the Secretary of
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State and to serve Defendant Huston via publication.
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DATED: December 11, 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 December 18, 2014 case management conference
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February 5
be continued to _________________, 2015 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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Dec. 12
DATED: ___________, 2014
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By:
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HON. JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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15348709.1
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON
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