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 33

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: [phone]
Facsimile: 415.352.2701
E-mail: [e-mail]
[e-mail]
[e-mail]

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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