Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. River View Construction Inc. et al

Filing 14

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 13 Case Management Statement, filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retraining Trust 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 12/27/2012. Initial Case Management Conference set for 1/3/2013 02:00 PM. Signed by Judge Phyllis J. Hamilton on 11/5/12. (nah, COURT STAFF) (Filed on 11/5/2012)

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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]
E-Mail: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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10 BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
11 TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
12 THE LABORERS VACATION-HOLIDAY
TRUST FUND FOR NORTHERN
13 CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS PENSION TRUST FUND
14 FOR NORTHERN CALIFORNIA; and
BOARD OF TRUSTEES OF THE
15 LABORERS TRAINING AND RETRAINING
TRUST FUND FOR NORTHERN
16 CALIFORNIA,
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Case No.: CV 12-03514 PJH

CASE MANAGEMENT CONFERENCE
STATEMENT; ORDER THEREON
DATE:
November 8, 2012
TIME:
2:00 p.m.
CTROOM: 3, 3 rd Floor
Hon. Phyllis J. Hamilton

Plaintiffs,
VS.

19 RIVER VIEW CONSTRUCTION, INC., a
California corporation; and GREGORY
20 GORESHNIK, an individual,
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Defendants.

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Plaintiffs file this abbreviated Case Management Conference Statement.

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On July 6, 2012, Plaintiffs filed their Complaint For Damages for Breach of Collective

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Bargaining Agreement, To Recover Unpaid Trust Fund Contributions and For A Mandatory

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Injunction ("Complaint") seeking to recover employee fringe benefit contributions on behalf of

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Defendant River View Construction, Inc.'s covered employees. On July 23, 2012, the

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Complaint was served on Defendant River View's agent for service of process, Gregory
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

Goreshnik, and was served on Goreshnik individually, also a named defendant. No responsive
pleading was filed.
On September 6, 2012, Plaintiffs filed their Request for Clerk's Entry of Default. On
September 7, 2012, the Clerk of Court entered the default of Defendants River View
Construction, Inc. and Gregory Goreshnik.
Plaintiffs intend to proceed in default and have a motion for default judgment on file
within 30 days. Based on the above, Plaintiffs request that the case management conference be
continued for approximately 30 days, allowing Plaintiffs time to file and serve their motion for
default judgment.

DATED: October 31, 2012
BULLIVANT HOUSER BAILEY PC

By

Ronald L. Richman
Susan J. Olson
Edward D. Winchester

Attorneys for Plaintiffs

ORDER
Plaintiffs having submitted their Case Management Conference Statement and good
cause appearing:
IT IS HEREBY ORDERED that the case management conference scheduled for
2013
January 3
November 8, 2012 be continued until 0 p.m. In the event Plaintiffs
file their Motion for Default Judgment on or before the date for the continued case management

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IT IS S
HON. PHYLLIS J. HAMILTON
UNITED STATEShyllis J. Hamilton
DISTRICT JUDGE
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conference, the continued case management conference shall be vacated.
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DATED: November
, 2012

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

PROOF OF SERVICE
I am employed in the City and County of San Francisco by the law firm of Bullivant
Houser Bailey, PC ("the business"), 601 California Street, Suite 1800, San Francisco, CA
94108. I am over the age of 18 and not a party to this action. On October 31, 2012, I served the
document(s) entitled:

CASE MANAGEMENT CONFERENCE STATEMENT;
ORDER THEREON
upon the following party(ies):
River View Construction, Inc.
4003 Seaport Blvd.
West Sacramento, CA 95691

Gregory Goreshnik
4003 Seaport Blvd.
West Sacramento, CA 95691

BY MAIL (CCP § 1013(a)): I am readily familiar with the ordinary practice of the
business with respect to the collection and processing of correspondence for mailing
with the United States Postal Service. I placed a true and correct copy(ies) of the abovetitled document(s) in an envelope(s) addressed as above, with first class postage thereon
fully prepaid. I sealed the aforesaid envelope(s) and placed it(them) for collection and
mailing by the United States Postal Service in accordance with the ordinary practice of
the business. Correspondence so placed is ordinarily deposited by the business with the
United States Postal Service on the same day.
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BY FACSIMILE TRANSMISSION (CCP § 1013(e), CRC 2.306): I transmitted the
document(s) by facsimile transmission by placing it(them) in a facsimile machine
(telephone number 415-3 52-2701) and transmitting it(them) to the facsimile machine
telephone number(s) listed above. A transmission report was properly issued by the
transmitting facsimile machine. Each transmission was reported as complete and
without error. A true and correct copy of the transmission report is attached hereto.
BY OVERNIGHT DELIVERY (CCP § 1013(c)): I am readily familiar with the
ordinary practice of the business with respect to the collection and processing of
correspondence for mailing by Express Mail and other carriers providing for overnight
delivery. I placed a true and correct copy(ies) of the above-titled document(s) in an
envelope(s) addressed as above, with first class postage thereon fully prepaid. I sealed
the aforesaid envelope(s) and placed it(them) for collection and mailing by Express Mail
or other carrier for overnight delivery in accordance with the ordinary practice of the
business. Correspondence so placed is ordinarily deposited by the business with Express
Mail or other carrier on the same day.

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BY PERSONAL SERVICE UPON AN ATTORNEY (CCP § 1011(a)): I placed a true
and correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed
as indicated above. I delivered each of said envelope(s) by hand to a receptionist or a
person authorized to accept same at the address on the envelope, or, if no person was
present, by leaving the envelope in a conspicuous place in the office between the hours
of nine in the morning and five in the afternoon.
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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON

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BY PERSONAL SERVICE UPON A PARTY (CCP § 1011(b)): I placed a true and
correct copy(ies) of the above-titled document(s) in a sealed envelope(s) addressed as
indicated above. I delivered each of said envelope(s) by hand to a person of not less
than 18 years of age at the address listed on the envelope, between the hours of eight in
the morning and six in the evening

I declare under penalty of perjury that the foregoing is true and correct. Executed on
October 31, 2012, at San Francisco, California.

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Debora J Fong

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CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON