Wisconsin Laborers Health Fund et al v. Cedarburg Landscaping Co., Inc.

Filing 23

ORDER granting 22 Motion to Temporarily Stay Civil Proceedings. The existing schedule is stricken. The parties must promptly update the court on the resolution of the criminal action. The court will hold a telephonic status conference with the parties on Thursday, May 25, 2017, at 1:00 p.m. Plaintiffs should initiate the conference call to chambers. Signed by District Judge James D. Peterson on 4/19/2017. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

WISCONSIN LABORERS HEALTH FUND,
WISCONSIN LABORERS APPRENTICESHIP &
TRAINING FUND, BUILDING & PUBLIC
WORKS LABORERS VACATION FUND, JOHN
J. SCHMITT, WISCONSIN LABORERSEMPLOYERS COOPERATION AND
EDUCATION TRUST FUND, and WISCONSIN
LABORERS DISTRICT COUNCIL,

ORDER
14-cv-729-jdp

Plaintiffs,
v.
CEDARBURG LANDSCAPING CO., INC.,
Defendant.
In October 2014, plaintiffs filed a complaint against defendant Cedarburg Landscaping
Co., Inc., alleging that Cedarburg Landscaping failed to pay union dues or contribute to
plaintiff employee benefit plans as required under the terms of the collective bargaining
agreement between Cedarburg Landscaping and the Wisconsin Laborers District Council, in
violation of the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor
Management Relations Act of 1947 (LMRA). Dkt. 1. The court stayed the proceedings in
November 2015 in light of a criminal investigation of Cedarburg Landscaping, then lifted the
stay and issued a new scheduling order in May 2016. Dkt. 14. Trial is scheduled for June 5,
2017.
Now, Cedarburg Landscaping moves for another stay. Dkt. 22. Its owner has been
indicted on criminal charges concerning unpaid contributions to employee benefit plans, and
a jury trial on those charges is scheduled to begin on May 15. Plaintiffs do not oppose a

temporary stay of this case pending the completion of the criminal trial. The court will grant
Cedarburg Landscaping’s motion and strike the current schedule. The parties must promptly
update the court on the resolution of the criminal action. The court will conduct a status
conference to reset the schedule after the criminal trial is completed.

ORDER
IT IS ORDERED that:
1. Plaintiffs’ unopposed motion to temporarily stay civil proceedings, Dkt. 22, is
GRANTED.
2. The existing schedule is stricken.
3. The parties must promptly update the court on the resolution of the criminal action.
4. The court will hold a telephonic status conference with the parties on Thursday,
May 25, 2017, at 1:00 p.m. Plaintiffs should initiate the conference call to
chambers.
Entered April 19, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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