Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. C. Aparicio, Cement Contractor, Inc.

Filing 19

ORDER Continuing Case Management Conference. Case Management Statement due by 1/25/2016. Initial Case Management Conference set for 2/1/2016 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 12/8/2015. (tmiS, COURT STAFF) (Filed on 12/9/2015)

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Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Edward D. Winchester, SBN 271500
BULLIVANT HOUSER BAILEY PC
235 Pine Street, Suite 1500
San Francisco, California 94104-2752
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
NORTHERN DISTRICT OF CALIFORNIA
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; BOARD
OF TRUSTEES OF THE LABORERS
16 TRAINING AND RETRAINING TRUST
FUND FOR NORTHERN CALIFORNIA,
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Plaintiffs,
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vs.
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C. APARICIO, CEMENT CONTRACTOR,
20 INC., a California corporation,
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Case No.: 3:15-cv-04131-TEH
Related Case: 3:15-cv-04132-TEH
CASE MANAGEMENT CONFERENCE
STATEMENT; ORDER THEREON
Date:
Time:
Ctroom:

December 14, 2015
1:30 p.m.
12, 19th Floor

Hon. Thelton E. Henderson

Defendant.

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Plaintiffs Laborers Trust Funds provide the following case management statement.

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On September 10, 2015, Plaintiffs filed their Complaint for Damages for Breach of

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Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, and for a

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Mandatory Injunction (“Complaint”) [Document 1]. On September 11, 2015, this case was

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assigned to this Court [Document 5]. On September 16, 2015, Plaintiffs filed their

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Administrative Motion to Relate Cases [Document 10]. On September 23, 2015, this Court
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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granted the motion and related this case to Board of Trustees of the Cement Masons Health and

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Welfare Trust Fund for Northern California, et al., v. C. Aparicio, Cement Contractor, Inc., 15-

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cv-04132-TEH [Document 11].

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On October 14, 2015, defendant was duly served with the summons and complaint and

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all corresponding pleadings [Document 12]. Defendant failed to file a responsive pleading. On

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November 13, 2015 the clerk of court entered the default of defendant [Documents 16-17].
Plaintiffs Laborers Trust Funds intend to have their motion for default judgment1 on file

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with this Court within the next forty five (45) days.

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Based on the fact that this action is proceeding in default, Plaintiffs Laborers Trust

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Funds respectfully request that the case management conference be continued for forty-five (45)

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days to allow Plaintiffs Laborers Trust Funds time to file their motion for default judgment.

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DATED: December 7, 2015

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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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Motions for default judgment will be filed in both related cases.
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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ORDER
Based on the Plaintiffs Laborers Trust Funds’ request to continue the case management
conference and good cause appearing,
IT IS HEREBY ORDERED that the December 14, 2015 case management conference

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February 1
be continued to _________________, 2016 at 1:30 p.m., Courtroom 12, 19th Floor. If Plaintiffs

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Laborers Trust Funds have their motion for default judgment on file prior to the continued case

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management conference, the case management conference shall be vacated.

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DATED: December _____, 2015

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By:

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HON. THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE

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15803389.1

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON