UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
March 3, 2008
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 OF THE LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; AND BOARD OF TRUSTEES OF THE LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, PLAINTIFFS,
SUBSURFACE ENVIRONMENTAL CORP., A CALIFORNIA CORPORATION, AND ROXANNE HARRIS, AN INDIVIDUAL, DEFENDANTS.
The opinion of the court was delivered by: Hon. Claudia Wilkin
Date: March 11, 2008
Time: 2:00 p.m.
Ctrm: 2, 17th Floor
ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Plaintiffs offer this Statement in Lieu of the Case Management Conference Statement.
On October 4, 2007 Plaintiffs filed their Complaint For Damages for Breach of Collective Bargaining Agreement and For A Mandatory Injunction ("Complaint") seeking to recover outstanding trust fund contributions on behalf of Defendants' covered employees.
The Complaint was served on Defendants on October 8, 2007. Defendants' Answer was due on October 29, 2007. Prior to October 29, counsel for Defendants contacted Ronald L. Richman, counsel for Plaintiffs, and requested a meet and confer in order to resolve the case.
The amount in dispute is approximately $14,380.94.
Plaintiffs and Defendants continue to work together to resolve the dispute prior to expending additional time and resources. On Monday, March 4, 2008, Defendants will be providing Plaintiffs Trust Funds with additional documentation related to the dispute. Once this additional documentation is reviewed, a further meeting will likely take place unless the parties are able to resolve the dispute with the additional information being provided on March 4.
Based on the above, Plaintiffs respectfully request that the Case Management Conference be continued for thirty days to give the parties additional time to attempt to resolve the dispute.
DATED: February 27, 2008
BULLIVANT HOUSER BAILEY PC By: Ronald L. Richman Attorneys for Plaintiffs
CASE MANAGEMENT ORDER
The Court having read Plaintiffs' Statement in Lieu of Case Management Conference Statement and good cause appearing therefore:
IT IS HEREBY ORDERED that the Case Management Conference currently scheduled for March 11, 2008 at 2:00 p.m. be continued to April 15, 2008 at 2:00 p.m., Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA.
HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE
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