Pension Plan for Pension Trust Fund for Operating Engineers et al v. Construction Materials Testing, Inc.

Filing 53

ORDER LIFTING THE STAY, REOPENING CASE, AND SETTING CASE MANAGEMENT CONFERENCE FOR AUGUST 16, 2017. Further Case Management Conference set for 8/16/2017 at 01:30 PM. Case Management Statement due by 8/9/2017. Signed by Magistrate Judge Donna M. Ryu on July 12, 2017. (dmrlc2, COURT STAFF) (Filed on 7/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 15-cv-05325-DMR
ORDER LIFTING THE STAY,
REOPENING CASE AND SETTING
CASE MANAGEMENT CONFERENCE
FOR AUGUST 16, 2017

CONSTRUCTION MATERIALS
TESTING, INC., et al.,
Defendants.

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Plaintiffs filed this action pursuant to the Employee Retirement Income Security Act

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(“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C.

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§§ 1001-1461, to collect withdrawal liability assessed against Defendant Construction Materials

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Testing, Inc. (“CMT”) and Does 1 through 10. Complaint at 2 [Docket No. 1]. Because CMT did

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not respond to the complaint, Plaintiffs moved for default judgment against CMT. Plaintiffs’

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Motion for Default Judgment [Docket No. 20].

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On June 29, 2016, CMT filed for Chapter 11 bankruptcy. See Notice of Chapter 11

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Bankruptcy Case [Docket No. 47-1]. Plaintiff thereafter filed a notice of automatic under 11

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U.S.C. § 362. See Notice of Automatic Stay under 11 U.S.C. § 362 [Docket No. 47.]

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On July 18, 2016, the court stayed this case under 11 U.S.C. § 362 and ordered the Clerk to
administratively close the file. See 7/18/16 Order Staying Case [Docket No. 48].
On January 24, 2017, CMT’s Chapter 11 bankruptcy case was dismissed. See Exhibit A to
Withdrawal of Notice of Automatic Stay (“Withdrawal Notice”) [Docket No. 51-1].
On July 11, 2017, Plaintiffs filed a Withdrawal of the Notice of Automatic Stay. See
Withdrawal Notice at 1.

In light of the foregoing, the court therefore lifts the stay, orders the Clerk to reopen the

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case, and sets a Case Management Conference for August 16, 2017 at 1:30 p.m. The Case

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Management Statement is due no later than August 9, 2017.
Plaintiffs shall serve a copy of this order on Defendant and file proof of service with the
court.

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United States District Court
Northern District of California

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______________________________________
Donna M. Ryua M. Ryu
Donn
Judg Magistrate Judge
United States e

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Dated: July 12, 2017

DERED

O OR
IT IS S

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IT IS SO ORDERED.

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