The Board of Trustees, in their Capacities as Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Di Prima et al

Filing 24

ORDER re Supplemental Briefing and/or Evidence. Signed by Judge Edward M. Chen on 6/16/2009. (emclc1, COURT STAFF) (Filed on 6/16/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Plaintiffs, v. PHILLIP R. DI PRIMA, et al., Defendants. ___________________________________/ Plaintiff is the Board of Trustees for various employee benefit trust funds. It has moved for default judgment against Defendants Phillip R. Di Prima and Di Prima Excavation ("Excavation"). Having reviewed Plaintiff's papers and accompanying submissions, the Court hereby orders that Plaintiff provide supplemental briefing and/or evidence as described below. 1. Plaintiff claims that Defendants "became subject to all the terms and conditions of the Laborers Master Agreement by virtue of signing [the] Memorandum Agreement." Mot. at 2. However, the excerpt of the Memorandum Agreement provided by Plaintiff does not make clear that the Memorandum Agreement incorporated by reference the substantive terms of the Laborers Master Agreement. The excerpt supplied by Plaintiff indicates only that the Memorandum Agreement shall be in force until June 30, 2006, "and shall continue thereafter for the term of any future modifications, changes, amendments, supplements, extensions, or renewals of or to said Master Agreement which may be negotiated between the parties thereto unless either party to this Memorandum Agreement gives written notice . . . ." Docket No. 18 (Hagan Decl., Ex. No. C-08-5709 EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California ORDER RE SUPPLEMENTAL BRIEFING AND/OR EVIDENCE (Docket No. 15) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 2. B) (Memorandum Agreement) (emphasis added). Plaintiff shall provide a full and complete copy of the Memorandum Agreement and further shall provide any and all evidence establishing that the Memorandum Agreement incorporated by reference the substantive terms of the Laborers Master Agreement. Plaintiff claims that unpaid contributions totaled $8,368.64. See Docket No. 18 (Hagan Decl., Ex. D). It appears that Plaintiff arrived at this figure based on the number of hours worked (709.50) multiplied by the hourly contribution rates for the trust funds at issue ($11.33 for January 2006 and $12.33 for November and December 2006). Plaintiff shall provide evidence (such as a declaration from the person who conducted the audit) that the number of hours worked was 709.50 and that the combined rates for the trust funds at issue were $11.33 in January 2006 and $12.33 for November and December 2006. 3. Plaintiff asks to be compensated for interest in the amount of $4,129.83. Plaintiff shall provide the exact calculations to support this claimed interest. Plaintiff shall also make clear through what date the interest was calculated. 4. Plaintiff asks to be compensated for costs in the amount of $906.84. According to the Davis declaration, $556.84 is attributable to the cost of service of process on not only Mr. Di Prima and Excavation but also Auburn Gardening & Landscape and Gregory W. Terry. See Docket No. 17 (Davis Decl. 10). Plaintiff shall explain why Defendants should have to pay for the cost of service on Auburn and Mr. Terry; alternatively, Plaintiff shall explain what part of the $556.84 is attributable to service on Mr. Di Prima and Excavation. Supplemental papers shall be filed and served within two weeks of the date of this order. A copy of this order shall be served on Defendants within three days of the date of this order. IT IS SO ORDERED. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 16, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?