Buckhorn et al v. Hettinger

Filing 19

ORDER Continuing Case Management Conference to 4/19/2016 at 10:00 AM by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 2/24/2016)

SUE CAMPBELL, SBN 98728
CAMPBELL LAW OFFICE
2 370 George Hood Lane
Palo Alto Ca. 94306
3 Phone: [phone]
Fax:
[phone]
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Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACK BUCKHORN AND ANISA M.
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THOMSEN AS TRUSTEES OF THE
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REDWOOD EMPIRE ELECTRICAL
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WORKERS HEALTH AND WELFARE
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TRUST FUND, REDWOOD EMPIRE
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ELECTRICAL WORKERS PENSION
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TRUST, JOINT ELECTRICAL INDUSTRY )
TRAINING PROGRAM, NATIONAL
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EMPLOYEES BENEFIT FUND,
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AND REDWOOD EMPIRE ELECTRICAL
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WORKERS WORK RECOVERY FUND,)
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Plaintiffs,
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vs.
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MARLON EUGENE HETTINGER,
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individually and doing business as
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HETTINGER ELECTRIC

CASE NO.: 15-CV-04352 EDL
CASE MANAGEMENT
CONFERENCE STATEMENT
AND __________ ORDER
PROPOSED
AS MODIFIED

Date: March 1, 2016
Time: 10:00 A.M.
Place: Courtroom E, 15th Floor

Defendant(s).
______________________________________

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Plaintiff in the above-entitled action submits this Case Management Statement and

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proposed order, and requests that the court adopt it as the Case Management Order in this case.

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Defendant has been served. Default has been entered. Plaintiffs plan to file an amended

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complaint and plan to file a default judgment.

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DESCRIPTION OF THE CASE
This is a claim for unpaid employee benefits to Taft-Hartley Employee Benefit Trust

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CAMPBELL LAW
OFFICE
370 George Hood Ln.
Palo Alto, CA 94306

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CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER
No. 15-CV-04352 EDL

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Funds. Plaintiff would like to continue the case until April 18, 2016. Default has been entered

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against the Defendant. Since the last status conference Plaintiffs have reached an agreement to

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settle a related bond claim with the General Contractor for benefits due and a claim on the

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contractor’s license bond. Pursuant to that settlement agreement with the General Contractor

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on the claim on their payment bond, Plaintiffs have agreed to amend this complaint agianst

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Hettinger Electric to include the General Contractor as a plaintiff to the extent that they have

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made payments to the trust funds for benefits due by Hettinger Electric. We are in the process

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of finalizing this agreement with the General Contractor, the terms of the amended complaint

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and final terms of the default judgment. Therefore, Plaintiffs request that the case be continued

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until April 18, 2016, for another Case Management Conference with the goal of submitting an

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amended complaint and default judgment at that time that reflects the payments made by the

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General Contractor and the new parties.

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Respectfully submitted,

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Dated: February 24, 2016

/S/___________________________________
SUE CAMPBELL
Attorney for Plaintiff

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ORDER
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The Case Management Conference is hereby continued to April 18, 2016, at 10:00 A.M.,
case management conference statement

__________ action
in Courtroom E, 15th Floor. Plaintiff will file an update and proposed _____ seven (7) days prior
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to the Case Management Conference.

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February 24, 2016
Dated: _______________________

_____________________________________
JUDGE OF THE U.S. DISTRICT COURT

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CAMPBELL LAW
OFFICE
370 George Hood Ln.
Palo Alto, CA 94306

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CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER
No. 15-CV-04352 EDL