Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Breneman, Inc. et al

Filing 117

ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER TO SHOW CAUSE RE: SANCTIONS AGAINST JUDGMENT DEBTORS JAMES G. BRENEMAN AND BRENEMAN, INC. AND RE: ISSUANCE OF A BENCH WARRANT AS TO JAMES G. BRENEMAN; for 116 Report and Recommendations, 103 Motion for Miscellaneous Relief, filed by Board of Trustees of the Cement Masons Pension Trust Fund for Northern California, Board of Trustees of the Cement Masons Vacation-Holiday Trust Fund for Northern California, Board of Trustees o f the Cement Masons Training Trust Fund for Northern California, Board of Trustees of the Laborers Pension Trust Fund for Northern California, Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, Board of Trust ees of the Laborers Health and Welfare Trust Fund for Northern California, Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California, Board of Trustees of the Cement Masons Health & Welfare Trust Fund for Northe rn California, ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 5/1/2018 02:01 PM in Courtroom 1 of the Federal Courthouse, 1301 Clay Street, Oakland California. Signed by Judge Yvonne Gonzalez Rogers on 4/24/18. (fs, COURT STAFF) (Filed on 4/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE LABORERS
HEALTH AND WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA, ET AL.,
Plaintiffs,

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v.
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BRENEMAN, INC., ET AL.,
Defendants.

Northern District of California

United States District Court

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Case No. 16-cv-01640-YGR
(consolidated with 16-cv-1641 YGR)
ORDER ADOPTING REPORT &
RECOMMENDATION;
ORDER TO SHOW CAUSE RE: SANCTIONS
AGAINST JUDGMENT DEBTORS JAMES G.
BRENEMAN AND BRENEMAN, INC. AND RE:
ISSUANCE OF A BENCH WARRANT AS TO
JAMES G. BRENEMAN

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Dkt. Nos. 103, 116

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The Court has reviewed Magistrate Judge Elizabeth D. Laporte’s Report and
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Recommendation (Dkt. No. 116, “Report”) recommending that the Court grant Plaintiffs’ application
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for an order that defendants James G. Breneman individually, and Breneman, Inc., show cause why
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they should not be held in contempt of court and issued a monetary sanction for failure to appear,
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twice, for an Order of Examination and further, failure to appear the court’s April 3, 2018 hearing,
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and why a bench warrant should not be issued for defendant James G. Breneman’s violation of two
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court orders to appear for examination (Dkt. No. 103). No objections have been filed. The Court has
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reviewed the Report carefully and finds the Report correct, well-reasoned, and thorough.
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Magistrate Judge Laporte has certified the following facts:
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

Defendants failed to appear at Court-ordered hearing on the Order of Examination set for

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February 20, 2018 (Dkt. Nos. 85-88);
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

Defendants failed to appear at the continued Order of Examination on March 6, 2018 (Dkt.

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Nos. 92, 93, 96, 97);
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

Plaintiffs filed an application for an order to show cause re: Monetary Sanctions and Issuance

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of a Bench Warrant (Dkt. No. 103) on March 7, 2018;

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

Order to Show Cause (Dkt. Nos. 108, 111); and

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Defendants requested and were granted a two-week extension of time for the hearing on the

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Neither Defendants nor their counsel appeared for the Court-ordered hearing on the Order to

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Show Cause on April 3, 2018 (Dkt. No. 115).

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Accordingly, and for the reasons set forth in the Report:

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1.

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Northern District of California

United States District Court

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the Application for an Order to Show Cause re: Monetary Sanctions and Bench

Warrant for Arrest for Failure to Appear at Judgment Debtors’ Examination is GRANTED;
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Breneman, Inc. and James G. Breneman are ORDERED TO SHOW CAUSE why they

should not be held in contempt of court and issued a monetary sanction of $200.00 each for failure to
appear on the Order of Examination and Order to Show Cause issued by Magistrate Judge Laporte.
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Defendant James G. Breneman is ORDERED TO SHOW CAUSE why a bench warrant

should not be issued for his violation of two court orders to appear for examination.
Defendants James G. Breneman and Breneman, Inc. SHALL APPEAR before the on May 1,

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2018, at 2:01 p.m., in Courtroom 1 of the Federal Courthouse, 1301 Clay Street, Oakland,

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California.

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IT IS SO ORDERED.
Dated: April 24, 2018
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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