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)

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SUE CAMPBELL, SBN 98728 CAMPBELL LAW OFFICE 2 370 George Hood Lane Palo Alto Ca. 94306 3 Phone: (408) 277-0648 Fax: (408) 938-1035 1 4 5 Attorney for Plaintiffs 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 JACK BUCKHORN AND ANISA M. ) THOMSEN AS TRUSTEES OF THE ) REDWOOD EMPIRE ELECTRICAL ) WORKERS HEALTH AND WELFARE ) TRUST FUND, REDWOOD EMPIRE ) ELECTRICAL WORKERS PENSION ) TRUST, JOINT ELECTRICAL INDUSTRY ) TRAINING PROGRAM, NATIONAL ) EMPLOYEES BENEFIT FUND, ) AND REDWOOD EMPIRE ELECTRICAL ) WORKERS WORK RECOVERY FUND,) ) ) Plaintiffs, ) ) vs. ) ) MARLON EUGENE HETTINGER, ) individually and doing business as ) 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). ______________________________________ 22 Plaintiff in the above-entitled action submits this Case Management Statement and 23 proposed order, and requests that the court adopt it as the Case Management Order in this case. 24 Defendant has been served. Default has been entered. Plaintiffs plan to file an amended 25 complaint and plan to file a default judgment. 26 27 DESCRIPTION OF THE CASE This is a claim for unpaid employee benefits to Taft-Hartley Employee Benefit Trust 28 CAMPBELL LAW OFFICE 370 George Hood Ln. Palo Alto, CA 94306 1 CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER No. 15-CV-04352 EDL 1 Funds. Plaintiff request a continuance of the Case Management Conference until June 21 , 2016. 2 Default has been entered against the Defendant. On April 11, 2016, Plaintiffs finalized 3 settlement of a related payment bond claim and a claim to enforce a stop notice, with the 4 General Contractor on a project, Fregoso Builders, Inc. 5 Pursuant to the finalized settlement agreement with the General Contractor on the claim 6 against their payment bond and to enforce a stop notice, Plaintiffs have agreed to amend this 7 complaint against Hettinger Electric to include the General Contractor as a plaintiff to the extent 8 that they have made payments to the trust funds for benefits due by Hettinger Electric. 9 10 Plaintiffs will file and serve the amended complaint and prepare a default judgment against the defendant prior to the requested June 21st settlement conference. 11 Respectfully submitted, 12 13 Dated: April 12, 2016 /S/___________________________________ SUE CAMPBELL Attorney for Plaintiff 14 15 16 17 18 19 20 ORDER 14 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. 21 22 23 Dated: _______________________ April 12, 2016 _____________________________________ JUDGE OF THE U.S. DISTRICT COURT 24 25 26 27 28 CAMPBELL LAW OFFICE 370 George Hood Ln. Palo Alto, CA 94306 2 CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER No. 15-CV-04352 EDL

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