Buckhorn et al v. Hettinger

Filing 25

ORDER continuing case management conference to 8/23/2016 at 10:00 AM in Courtroom E, 15th Floor, San Francisco signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 6/9/2016)

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
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AND PROPOSED ORDER
Date: June 14, 2016
Time: 10:00 A.M.
Place: Courtroom E, 15th Floor

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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 have filed an amended

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complaint adding the Vacation Fund as a plaintiff Trust fund and adding Fregoso Builders, Inc.

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as a plaintiff.

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DESCRIPTION OF THE CASE

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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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This is a claim for unpaid employee benefits to Taft-Hartley Employee Benefit Trust

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Funds. Plaintiff request a continuance of the Case Management Conference until August 23,

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2016.

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On April 11, 2016, Plaintiffs finalized settlement of a related payment bond claim and

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a claim to enforce a stop notice, with the 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 filed an amended

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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. Fregoso

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has assigned their rights under the amended complaint to the Trust Funds pursuant to terms set

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forth in the settlement agreement. The amended complaint will be served by mail on June 8,

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2016 and will also be personally served.

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Plaintiffs have been in settlement negotiations with Marlon Hettinger, the owner of

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Hettinger Electric. The Plaintiffs would like to continue the case to August 23rd to attempt to

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settle the amended complaint before filing motion for default judgment.
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 August 23, 2016, at 10:00
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A.M., in Courtroom E, 15th Floor. Plaintiff will file an update and proposed action seven (7)

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days prior to the Case Management Conference.
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Dated: _______________________
June 9, 2016

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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