Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Robert Ross Hazard

Filing 21

ORDER [AS MODIFIED BY THE COURT] RE PLAINTIFFS' COMPLIANCE STATEMENT AND ORDER re 19 Statement, filed by Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Laborers Trainin g 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. Compliance Hearing set fo r Wednesday, 6/10/15 is CONTINUED to Friday, 7/10/2015 09:01 AM before Hon. Yvonne Gonzalez Rogers.Filing due 5 days prior. Signed by Judge Yvonne Gonzalez Rogers on 6/3/15. [The Friday, 6/12/15 at 9:01am Compliance Hearing date is also vacated- clerk].(fs, COURT STAFF) (Filed on 6/3/2015)

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Attorneys for Plaintiffs

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Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Heather J. Zacharia, SBN 280444
BULLIVANT HOUSER BAILEY PC
235 Pine Street, Suite 1500
San Francisco, California 94104-2752
Telephone: [phone]
Facsimile: 415.352.2701
E-Mail: [e-mail]
[e-mail]
[e-mail]

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N COURT
UNITED STATES DISTRICTD

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NORTHERN DISTRICT OF CALIFORNIA
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,
Plaintiffs,
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vs.
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ROBERT ROSS HAZARD, an individual, dba
20 Hazard Concrete Construction,
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F
IS T RIC T O

Case No.: 4:15-cv-00934-YGR
PLAINTIFFS' COMPLIANCE
STATEMENT; ORDER THEREON
Date:
Time:
Loc.:

June 10, 2015
9:01 a.m.
Ctrm. 1
1301 Clay Street
Oakland, CA 94612
Hon. Yvonne Gonzalez Rogers

Defendant.

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Plaintiffs Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern

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California, Board of Trustees of the Laborers Vacation Holiday Trust Fund for Northern

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California, Board of Trustees of the Laborers Pension Trust Fund for Northern California, and

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Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California

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(collectively, “Plaintiffs”) respond to this Court’s Order Setting Compliance Hearing as follows.

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PLAINTIFFS' COMPLIANCE STATEMENT; ORDER THEREON

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On March 3, 2015, Plaintiffs filed their Complaint for Breach of Collective Bargaining

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Agreement, To Recover Unpaid Trust Fund Contributions and for a Mandatory Injunction

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(“Complaint”). See Document 3. On March 10, 2015, this case was reassigned to this Court.

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See Document 7. On March 12, 2015, an Administrative Motion to Relate Cases was filed. See

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Document 8.1 The Complaint was served via substituted service on March 29, 2015. See

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Document 13. After defendant failed to file a responsive pleading, Plaintiffs’ requested the

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clerk to enter default of the defendant. See Documents 14-16. On May 15, 2015, the Clerk’s

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Entry of Default was filed. See Document 17. On May 26 2015, this Court issued its Order

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Setting Compliance Hearing. See Document 18.

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Plaintiffs are in the process of gathering all information and documentation to support

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their Motion for Default Judgment. The necessary information and documents, while in the

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possession of Plaintiffs, will come from various departments, and this involves some planning

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and coordination among the various departments. In addition, counsel for Plaintiffs is in the

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process of preparing declarations in support of the Motion for Default Judgment.

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Plaintiffs anticipate having all information, documentation and supporting declarations
completed and the Motion for Default Judgment filed within the next thirty (30) days.

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Plaintiffs therefore respectfully request this Court vacate the current Compliance

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Hearing date of Wednesday, June 10, 2015, and reset it for July 8, 2015.

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DATED: May 28, 2015

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BULLIVANT HOUSER BAILEY PC

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By /s/ Heather J. Zacharia
Heather J. Zacharia

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Attorneys for Plaintiffs

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15552246.1

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At the time the Administrative Motion to Relate Cases was filed, the Cement Masons Trust
Funds had a similar action against defendant. The Cement Masons litigation has been resolved
and the matter dismissed.
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PLAINTIFFS' COMPLIANCE STATEMENT; ORDER THEREON

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ORDER
Based on the Plaintiffs’ response to this Court’s Order Setting Compliance Hearing and
good cause appearing,
IT IS HEREBY ORDERED that the June 10, 2015 Compliance Hearing be continued to

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July 10
______________, 2015 at 9:01 a.m., Courtroom 1, 4th Floor (Oakland). Five (5) business days

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prior to the compliance hearing, Plaintiffs shall file either: (a) their Motion for Default

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Judgment; or (b) a one-page statement setting forth their failure to comply. If the Motion for

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Default judgment is filed prior to the compliance hearing, plaintiffs need not appear and the

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compliance hearing will be taken off calendar.

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June 3
DATED: ___________, 2015

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By:
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HON. YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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PLAINTIFFS' COMPLIANCE STATEMENT; ORDER THEREON