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

Filing 24

ORDER CONTINUING COMPLIANCE HEARING re 23 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 Californ ia, 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 for 7/10/2015 is CONTINUED to Friday 8/14/2015 09:01 AM before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 7/7/15. (fs, COURT STAFF) (Filed on 7/7/2015)

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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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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,
Plaintiffs,
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vs.
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ROBERT ROSS HAZARD, an individual, dba
20 Hazard Concrete Construction,
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Case No.: 4:15-cv-00934-YGR
PLAINTIFFS’ COMPLIANCE
STATEMENT; ORDER THEREON
Date:
Time:
Location:

July 10, 2015
9:01 a.m.
Courtroom 1, 4th Floor
1301 Clay Street
Oakland, CA 94612
Before 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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On May 28, 2015, Plaintiffs requested this Court vacate the original compliance hearing

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date of June 12, 2015, (per the clerk’s notice correcting the date of compliance hearing) to allow

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Plaintiffs to gather the various documents, including declarations, and information required to

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support the Motion for Default. See Documents, 19, 20. The Court granted Plaintiffs’ request

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and re-set the Compliance Hearing for July 10, 2015. See Document 21. In the interim, and

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since Plaintiff’s May 28, 2015 request, settlement discussions began between plaintiff and

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defendant Robert Ross Hazard, which are ongoing. The parties are in the process of finalizing a

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settlement, and believe that a settlement will be finalized by July 20, 2015.

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Based on the above, Plaintiffs respectfully request that this Court continue the current

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Compliance Hearing date of July 10, 2015, and reset it for August 7, 2015.

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DATED: July 1, 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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15614266.1

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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,

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IT IS HEREBY ORDERED that the July 10, 2015 Compliance Hearing be continued to

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August 14
______________, 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 Stipulation for Dismissal; or

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(b) a one-page statement setting forth their failure to comply. If the Stipulation for Dismissal is

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filed prior to the compliance hearing, plaintiffs need not appear and the compliance hearing will

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be taken off calendar.

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July 7
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