Buckhorn et al v. Hettinger

Filing 114

ORDER for Supplemental Filing re 104 MOTION for Summary Judgment on Plaintiffs Complaint filed by Jack Buckhorn, Fregoso Builders, Inc, Redwood Empire Vacation, Anisa M. Thomsen. Signed by Judge Edward M. Chen on 09/19/2018. (emclc1, COURT STAFF) (Filed on 9/19/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JACK BUCKHORN, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-04352-EMC v. MARLON EUGENE HETTINGER, Defendant. ORDER FOR SUPPLEMENTAL FILING RE PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Docket No. 104 12 13 Plaintiffs have moved for summary judgment on their claim under Section 515 of the 14 Employee Retirement Income Security Act (“ERISA”) of 1974, 29 U.S.C. § 1145. Section 515 15 requires the plaintiff seeking to enforce an employee benefit plan to establish, inter alia, that the 16 plan is a “multiemployer plan” as defined by § 3(1) of ERISA, 29 USC § 1002(37)(A). It does not 17 appear that Plaintiffs have alleged in the complaint or shown in the materials filed in support of 18 the instant motion that the benefit plans at issue are “multiemployer plans.” Accordingly, 19 Plaintiffs are ordered to file any such materials with the Court by September 24, 2018. 20 21 IT IS SO ORDERED. 22 23 Dated: September 19, 2018 24 25 26 27 28 ______________________________________ EDWARD M. CHEN United States District Judge

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