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Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California v. Cabeceira Construction

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


July 22, 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,
v.
CABECEIRA CONSTRUCTION, INC., A SUSPENDED CALIFORNIA CORPORATION AND LUIS CABECEIRA INDIVIDUALLY AND DOING BUSINESS AS CABECEIRA CONSTRUCTION, DEFENDANTS.

The opinion of the court was delivered by: Hon. Wayne D. Brazil

STATEMENT IN LIEU OF CASE MANAGEMENT CONFERENCE; ORDER THEREON Date: August 4, 2008 Time: 4:00 p.m. Ctroom: 4, Oakland

Plaintiffs offer this Statement in Lieu of the Case Management Conference Statement.

On November 15, 2007 Plaintiffs filed their First Amended Complaint for Damages for Breach of Collective Bargaining Agreement and For A Mandatory Injunction seeking a mandatory injunctive order requiring Defendants to submit to an audit of their books and records. Defendants allowed the audit and the audit was completed. The audit resulted in trust fund contributions due and owing on behalf of Defendants' covered employees.

On May 23, 2008, Plaintiffs filed their Second Amended Complaint to include the outstanding trust fund contributions due and owing. Plaintiffs served Defendant Cabeciera Construction, Inc. with the Second Amended Complaint on July 9, 2008. Defendant Cabeciera Construction, Inc. is a suspended corporation. Plaintiffs have not yet been able to serve Defendant Luis Cabeceira*fn1. Efforts are being made to serve Defendant Luis Cabeceira.

Plaintiffs request that this Court extend the Case Schedule and Case Management Conference for an additional 30 days to allow for Plaintiffs to serve the Second Amended Complaint on Defendant Luis Cabeciera.

DATED: July 21, 2008

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 August 4, 2008 at 4:00 p.m. be continued to September 4, 2008 at 4:00 p.m., Courtroom 4, Oakland.

HON. WAYNE D. BRAZIL UNITED STATES MAGISTRATE JUDGE


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