Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Vector General Engineering Contractors, Inc. et al
Filing
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ORDER granting continuance of Initial Case Management Conference. re 30 Statement, filed by Plaintiffs. Case Management Statement due by 7/10/2013. Initial Case Management Conference previously set on 5/15/2013 1:30 PM continued to 7/17/2013 01:30 PM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 5/10/13. (ig, COURT STAFF) (Filed on 5/10/2013)
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Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Edward D. Winchester, SBN 271500
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: 415.352.2700
Facsimile: 415.352.2701
E-mail: ron.richman@bullivant.com
susan.olson@bullivant.com
edward.winchester@bullivant.com
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND 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,
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Case No.: CV 12-2633 DMR
STATEMENT IN LIEU OF CASE
MANAGEMENT CONFERENCE
STATEMENT; ORDER THEREON
Date:
May 15, 2013
Time:
1:30 p.m.
Ctroom: 4, 3rd Floor
Hon. Donna M. Ryu
Plaintiff,
vs.
20 RENE AMILCAR TORRES, an individual dba
VECTOR ENGINEERING CONTRACTORS,
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Defendant.
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On September 28, 2012 Plaintiffs filed their First Amended Complaint for Damages for
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Breach of Collective Bargaining Agreement and For A Mandatory Injunction seeking an Order
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to compel defendant to submit to an audit of the books and records of Vector Engineering
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Contractors.
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On February 20, 2013, Plaintiffs were able to conduct an audit of Vector Engineering
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Contractors. The audit revealed unreported and unpaid employee fringe benefit contributions
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STATEMENT IN LIEU OF CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON
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due and owing on behalf of Vector Engineering Contractors’ covered employees in the principal
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amount of $35,354.23, according to proof at trial.
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Plaintiff intends to file concurrently with this statement their Motion for Leave to
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Amend Complaint to add causes of action related to the outstanding trust fund contributions due
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and owing on behalf of the covered employees of Vector Engineering Contractors.
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Based on the above, Plaintiffs respectfully request that the May 15, 2013 Case
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Management Conference be continued for sixty (60) days to allow the Court to rule on
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Plaintiffs’ motion, to allow Plaintiffs to file and serve their Second Amended Complaint should
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the Court grant their motion, and, should Defendant Torres fail to answer, to allow Plaintiffs
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time to proceed in default against Defendant.
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DATED: May 10, 2013
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BULLIVANT HOUSER BAILEY PC
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By /s/
Ronald L. Richman
Susan J. Olson
Edward D. Winchester
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Attorneys for Plaintiff
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ORDER
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Pursuant to Plaintiffs’ request and good cause appearing:
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IT IS HEREBY ORDERED that the May 15, 2013 Case Management Conference be
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continued to July 17, 2013, Courtroom 4, 3rd Floor at 1:30 p.m. Updated Case Management
Statement due by July 10, 2013. Plaintiff shall serve Defendants with a copy of this Order and file
proof of service with the Court.
DATED: May ___, 2013
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By
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HON. DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE
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14138818.1
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STATEMENT IN LIEU OF CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON
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