Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Mercoza

Filing 11

CASE MANAGEMENT CONFERENCE STATEMENT; ORDER AS MODIFIED. Signed by Judge Lisa J. Cisneros on 8/30/2024. Joint Case Management Statement due by 10/31/2024. Initial Case Management Conference set for 11/7/2024 01:30 PM in San Francisco, - Videocon ference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at http s://www.cand.uscourts.gov/lisa-j-cisneros/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, includ ing screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (bns, COURT STAFF) (Filed on 8/30/2024)

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Ronald L. Richman (SBN 139189)
Tracy L. Mainguy (SBN 176928)
BULLIVANT HOUSER BAILEY PC
101 Montgomery Street, Suite 2600
San Francisco, CA 94104-4146
Telephone: [phone]
Facsimile: 415.352.2701
E-mail:
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; and BOARD OF
TRUSTEES OF THE CEMENT MASONS
TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,

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CASE MANAGEMENT CONFERENCE
STATEMENT; ORDER AS MODIFIED
THEREON
DATE:
September 5, 2024
TIME:
1:30 p.m.
CTRM:
G, 15th Floor
San Francisco Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102
VIA ZOOM

Plaintiffs,

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Case No.: 3:24-cv-03427-LJC

vs.
MERCOZA, a California corporation,

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Defendant.

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On June 7, 2024, plaintiffs filed their Complaint for Breach of Collective Bargaining

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Agreement; To Recover Trust Fund Contributions; and For A Mandatory Injunction. [Dkt. 1].

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The summons was issued on July 2, 2024. [Dkt. 8].

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Plaintiffs have and continue to make attempts to serve defendant Mercoza. At the time

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of the filing of the complaint, Mercoza identified, on the California Secretary of State Website,

4888-0523-2346.1 30011/00089

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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through its Statement of Information, that the location for service of its Agent for Service of

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Process, and owner, CEO, CFO, Jasan A. Duran Martinez, was 2001 Omega Road, 215, San

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Ramon, California 94583. Attempts at service at this location failed.

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On August 17, 2024, Mercoza filed its Statement of Information, identifying the location

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for service of its Agent for Service of Process, and owner, CEO, CFO, Jasan A. Duran Martinez,

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was now at 1111 Broadway, Suite 300, Oakland, California 94607. Plaintiffs have made, and

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continue to make efforts, to serve defendant at this location. Plaintiffs have retained the services

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of a private investigation firm to help locate and serve the Agent for Service of Process.

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

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September 5, 2024, case management conference for forty-five (45) days to allow plaintiffs to

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effectuate service and provide time for defendant to file a responsive pleading.

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DATED: August 22, 2024

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BULLIVANT HOUSER BAILEY PC

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By

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Ronald L. Richman
Tracy L.Mainguy

Attorneys for Plaintiffs

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4888-0523-2346.1 30011/00089

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

ORDER AS MODIFIED

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Based on the plaintiffs’ request to continue the case management conference and good
cause appearing,
IT IS HEREBY ORDERED that the case management conference be continued to

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Nov. 7
_______________________,
2024 at 1:30 p.m., Courtroom G, 15th Floor, San Francisco

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Courthouse, 450 Golden Gate Ave., SF, CA, via Zoom Videoconference. The parties or

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Plaintiffs if defendant has not made an appearance, shall file an updated case management

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conference statement no later than seven (7) days prior to the continued case management

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conference.

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DATED: August _____,
2024

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Pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure, the Court finds good cause to extend the deadline
for service of the complaint from September 5, 2024 to
October 30, 2024.

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HON. LISA J. CISNEROS
UNITED STATES MAGISTRATE JUDGE

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4888-0523-2346.1 30011/00089

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON