Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Hazard

Filing 9

ORDER granting 8 Request to CONTINUING CASE MANAGEMENT CONFERENCE FOR THIRTY DAYS filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retraining T rust Fund for Northern California, Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the Laborers Pension Trust Fund for Northern California. Joint Case Management Statement due by 8/11/2016. Initial Case Management Conference reset for 8/18/2016 at 01:30 PM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 6/9/2016. (ahm, COURT STAFF) (Filed on 6/9/2016)

1

6

Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Heather J. Zacharia, SBN 280444
BULLIVANT HOUSER BAILEY PC
235 Pine Street, Suite 1500
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.352.2701
E-Mail: [e-mail]
[e-mail]
[e-mail]

7

Attorneys for Plaintiffs

2
3
4
5

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11 BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
12 TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
13 THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
14 CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
15 FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
16 LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
17 CALIFORNIA,
Plaintiffs,
18
vs.
19
ROBERT ROSS HAZARD, an individual, dba
20 HAZARD CONCRETE CONSTRUCTION,
21

Case No.: 3:16-cv-01288-JSC
CASE MANAGEMENT STATEMENT;
[PROPOSED] ORDER THEREON
Date:
June 16, 2016
Time:
1:30 PM
Location: Ctrm. F, 15th Floor
Phillip Burton Federal Bldg.
Before: Hon. Jacqueline Scott Corley

Defendant.

22
23
24

Plaintiffs Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern

25

California; Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern

26

California; Board of Trustees for the Laborers Pension Trust Fund of Northern California and

27

Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California

28

(“plaintiffs”) provide this abbreviated case management statement.
–1–
CASE MANAGEMENT STATEMENT; ORDER THEREON

On March 16, 2016, plaintiffs filed their Complaint for Breach of Collective Bargaining

1
2

Agreement, to Recover Unpaid Trust Fund Contributions and For a Mandatory Injunction

3

(“Complaint”) against defendant Robert Ross Hazard, an individual, dba Hazard Concrete

4

Construction (“defendant”). [See Document 1.] Defendant is not represented by counsel.

5

Plaintiffs’ claim against defendant is for delinquent union trust fund contributions due and

6

owing to defendant’s covered employees, approximately $17,832.96 in underlying

7

contributions, plus liquidated damages and interest, for a total, to date, of approximately

8

$25,834.35.
Defendant was personally served with the Complaint on April 13, 2016. [See

9
10

Document 7.] Since the filing of the Complaint, defendant has been in contact with plaintiffs in

11

an attempt to pay the outstanding balance due. Defendant, a subcontractor on various

12

construction projects, has informed plaintiffs he is owed retention monies on a completed

13

project by a general contractor, of approximately $21,159.82, which defendant intends to have

14

paid directly to plaintiffs. Defendant has further advised plaintiffs that he is attempting to

15

secure additional monies from another general contractor. If successful, defendant will have

16

those additional monies paid to plaintiffs, as well. In addition, defendant has been able to

17

secure additional funds to pay off the outstanding balance due.
Defendant has not filed a responsive pleading. Plaintiffs have agreed with defendant to

18
19

allow defendant additional time to secure the necessary funds to pay the outstanding balance

20

due. To date, plaintiffs believe defendant has made a good faith effort to secure the necessary

21

funds to pay the outstanding balance due. Plaintiffs and defendant hope to resolve this matter

22

within the next sixty (60) days without further need for court intervention.

23

///

24

///

25

///

26

///

27

///

28

///
–2–
CASE MANAGEMENT STATEMENT; ORDER THEREON

1

Based on the above, plaintiffs respectfully request that this Court continue the case

2

management conference for sixty (60) days to allow time for the various payments to come

3

through, as payment would result in all damages claimed by plaintiffs being paid and dismissal

4

of the lawsuit.

5

DATED: June 9, 2016

6

BULLIVANT HOUSER BAILEY PC

7
8

By /s/ Heather J. Zacharia
Heather J. Zacharia

9

Attorneys for Plaintiffs

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
–3–
CASE MANAGEMENT STATEMENT; ORDER THEREON

ORDER

1
2
3
4

Based on Plaintiffs’ request to continue the case management conference and good cause
appearing,
IT IS HEREBY ORDERED that the June 16, 2016, case management conference be

5

August 18
continued to _______________________________, 2016, at 1:30 p.m. in Courtroom F, 15th

6

Floor, 450 Golden Gate Avenue, San Francisco, California 94102. An updated case

7

management conference statement shall be filed no later than seven (7) days prior to the

8

continued case management conference.

9
10

9
DATED: June _________, 2016

11
12

By

HON. JACQUELINE SCOTT CORLEY
ON. JACQUELINE
N AC
CORLEY
OR
R
U.S. DISTRICT COURT MAGISTRATE JUDGE
ISTRICT COURT MAGISTRATE JU
U
A

13
14

4830-2198-2258.1

15
16
17
18
19
20
21
22
23
24
25
26
27
28
–4–
CASE MANAGEMENT STATEMENT; ORDER THEREON