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