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Board of Trustees of Laborers Health and Welfare Trust Fund v. Hazard, 3:16-cv-01288-JSC. (2016)

Court: District Court, N.D. California Number: infdco20160610a78 Visitors: 7
Filed: Jun. 09, 2016
Latest Update: Jun. 09, 2016
Summary: CASE MANAGEMENT STATEMENT; [ PROPOSED ] ORDER THEREON JACQUELINE SCOTT CORLEY , Magistrate Judge . Plaintiffs Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California; Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California; Board of Trustees for the Laborers Pension Trust Fund of Northern California and Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California ("plaintiffs") provide this abb
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CASE MANAGEMENT STATEMENT; [PROPOSED] ORDER THEREON

Plaintiffs Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California; Board of Trustees of the Laborers Vacation-Holiday Trust Fund for Northern California; Board of Trustees for the Laborers Pension Trust Fund of Northern California and Board of Trustees of the Laborers Training and Retraining Trust Fund for Northern California ("plaintiffs") provide this abbreviated case management statement.

On March 16, 2016, plaintiffs filed their Complaint for Breach of Collective Bargaining Agreement, to Recover Unpaid Trust Fund Contributions and For a Mandatory Injunction ("Complaint") against defendant Robert Ross Hazard, an individual, dba Hazard Concrete Construction ("defendant"). [See Document 1.] Defendant is not represented by counsel. Plaintiffs' claim against defendant is for delinquent union trust fund contributions due and owing to defendant's covered employees, approximately $17,832.96 in underlying contributions, plus liquidated damages and interest, for a total, to date, of approximately $25,834.35.

Defendant was personally served with the Complaint on April 13, 2016. [See Document 7.] Since the filing of the Complaint, defendant has been in contact with plaintiffs in an attempt to pay the outstanding balance due. Defendant, a subcontractor on various construction projects, has informed plaintiffs he is owed retention monies on a completed project by a general contractor, of approximately $21,159.82, which defendant intends to have paid directly to plaintiffs. Defendant has further advised plaintiffs that he is attempting to secure additional monies from another general contractor. If successful, defendant will have those additional monies paid to plaintiffs, as well. In addition, defendant has been able to secure additional funds to pay off the outstanding balance due.

Defendant has not filed a responsive pleading. Plaintiffs have agreed with defendant to allow defendant additional time to secure the necessary funds to pay the outstanding balance due. To date, plaintiffs believe defendant has made a good faith effort to secure the necessary funds to pay the outstanding balance due. Plaintiffs and defendant hope to resolve this matter within the next sixty (60) days without further need for court intervention.

Based on the above, plaintiffs respectfully request that this Court continue the case management conference for sixty (60) days to allow time for the various payments to come through, as payment would result in all damages claimed by plaintiffs being paid and dismissal of the lawsuit.

ORDER

Based on Plaintiffs' request to continue the case management conference and good cause appearing,

IT IS HEREBY ORDERED that the June 16, 2016, case management conference be continued to August 18, 2016, at 1:30 p.m. in Courtroom F, 15th Floor, 450 Golden Gate Avenue, San Francisco, California 94102. An updated case management conference statement shall be filed no later than seven (7) days prior to the continued case management conference.

Source:  Leagle

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