The opinion of the court was delivered by: The Honorable James Larson US District Court
PLAINTIFF'S SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
Pursuant to this Court's Civil Local Rules 16-2 and 16-9, Plaintiffs submit this separate Case Management Statement And Proposed Order.
For the reasons set forth below in Section C of this Statement, in order to allow time to settle this matter, Plaintiffs request the Court to set a second case management conference in a period of approximately ninety (90) days and to refrain at this time from setting any dates with respect to discovery, dispositive motions, pre-trial and trial dates.
A. JURISDICTION AND SERVICE
This is an action to compel compliance with the audit requirements set forth in a collective bargaining agreement and in related trust agreements pursuant to 29 U.S.C. Section 185.
Jurisdiction of this action is conferred on this Court by the provisions of 28 U.S.C. Section 1331(a).
Defendant UWA TILE CORPORATION has been served.
B. STATEMENT OF FACTS AND EVENTS UNDERLYING THE ACTION
Defendant UWA TILE CORPORATION (hereinafter, "UWA Tile") executed a signature page for independent tile contractors on pursuant to which UWA Tile agreed to abide by and to be bound by the collective bargaining agreement by and between the Tile Contractors Association of Northern California, Inc. and Plaintiff BRICKLAYERS AND ALLIED CRAFTSMEN LOCAL UNION NO. 3, AFL-CIO (hereinafter "Bricklayers Local Union No. 3").
Pursuant to the terms of the Agreement, UWA Tile agreed to pay certain wages and fringe benefits for all hours worked in the 46 Northern California Counties within the Union's geographic jurisdiction by persons employed by UWA Tile as tile setters and tile layers. UWA Tile further agreed to allow Plaintiffs to review and audit UWA Tile's payroll and other relevant records for the purposes of ascertaining whether certain wages and fringe benefits have all been paid as required by the collective bargaining agreement. The collective bargaining agreement further provides that if a signatory employer fails to allow a payroll audit, the employer shall become liable for all costs incurred by the Trusts in securing the audit, including attorneys' fees.
UWA Tile failed to submit an audit requested by Plaintiffs for the period from January 1, 2005 through the date of the audit.
On January 25, 2008, Plaintiffs filed the Complaint.
On February 9, 2008, the Complaint was served on defendant UWA Tile.
UWA Tile has not filed an answer or otherwise appeared in this matter.
Since the filing and service of the Complaint, UWA Tile has provided records sufficient for a partial audit for the time period from January 1, 2006 through January 31, 2008. UWA Tile has failed to provide records to complete the audit for the period from January 1, 2005 through December 31, 2005.
The partial audit shows a principal liability to the Trusts for unpaid wages and fringe benefits in the amount of $3,943.54, liquidated damages in the amount of $788.71 (calculated at 20% of principal due), and $687.00 in auditor's fees.
Plaintiffs are seeking to obtain the additional documents for the period from January 1, 2005 through December 31, 2005 in order to complete the audit.
Plaintiffs expect to settle this matter within thirty (30) days from the date of the Case Management Conference (by May 30, 2008) and to file a dismissal with forty-five (45) days (by May 13, 2008). If the parties are unable to settle this matter within that time period, Plaintiffs shall file an amended complaint seeking an injunction for defendant to produce the remaining documents required to complete the audit, and statutory and breach of contract claims for the unpaid wages and fringe benefits revealed by the partial audit.
In order to allow time to settle this matter, Plaintiffs request the Court to set a second case management conference in a period of approximately ninety (90) days and to refrain at this time from setting any dates with respect to discovery, dispositive motions, pre-trial and trial dates.
1. The principal factual issues that the parties dispute are:
a. What is the total number of hours which UWA Tile employed persons, who performed work covered under the collective bargaining agreement with the Union, from approximately December 1, 2005 through the present?
b. What is the total number of hours worked by the persons described in subparagraph 1(a) and the total amount owed to plaintiff trust funds for hours worked in the jurisdiction of the collective bargaining agreement from approximately December 1, 2005 through the present?
This is intended by the parties to provide only a summary of the principal contested factual issues. Additional contested factual issues may exist and such issues are not waived by plaintiffs.
2. The principal legal issues that the parties dispute are:
D. ALTERNATIVE DISPUTE ...