Buckhorn et al v. Hettinger

Filing 21

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 20 Status Report filed by Jack Buckhorn. Signed by Magistrate Judge Elizabeth D. Laporte on 4/12/2016. (rmm2S, COURT STAFF) (Filed on 4/13/2016)

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 PROPOSED ORDER
As Modified

Date: April 19, 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 request a continuance of the Case Management Conference until June 21 , 2016.

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Default has been entered against the Defendant. On April 11, 2016, Plaintiffs finalized

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settlement of a related payment bond claim and a claim to enforce a stop notice, with the

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General Contractor on a project, Fregoso Builders, Inc.

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Pursuant to the finalized settlement agreement with the General Contractor on the claim

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against their payment bond and to enforce a stop notice, Plaintiffs have agreed to amend this

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complaint against Hettinger Electric to include the General Contractor as a plaintiff to the extent

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that they have made payments to the trust funds for benefits due by Hettinger Electric.

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Plaintiffs will file and serve the amended complaint and prepare a default judgment
against the defendant prior to the requested June 21st settlement conference.

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Respectfully submitted,

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Dated: April 12, 2016

/S/___________________________________
SUE CAMPBELL
Attorney for Plaintiff

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ORDER

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The Case Management Conference is hereby continued to June 21, 2016, at 10:00 A.M.,
updated Case Management Statement

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

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Dated: _______________________
April 12, 2016

_____________________________________
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