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Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund v. Elijah Electric Inc.

February 5, 2009

BOARD OF TRUSTEES OF IBEW LOCAL UNION NO. 100 PENSION TRUST FUND; IBEW LOCAL UNION NO. 100 HEALTH AND WELFARE TRUST FUND; JOINT ELECTRICAL INDUSTRY TRAINING TRUST FUND; NATIONAL ELECTRICAL BENEFIT FUND; AND BOARD OF TRUSTEES OF IBEW DISTRICT NO. 9 PENSION PLAN TRUST FUND, PLAINTIFFS,
v.
ELIJAH ELECTRIC INC., A CALIFORNIA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

SCHEDULING ORDER (Fed.R.Civ.P 16)

Initial Disclosures: March 6, 2009

Non-Expert: August 31, 2009

Expert Disclosures: July 31, 2009

Supp. Expert Discl.: August 14, 2009

Expert Discovery: September 30, 2009

Non-Dispositive: October 23, 2009

Dispositive: November 9, 2009

Pre-Trial Conference: February 4, 2010 at 8:30 a.m.

Courtroom 2 (AWI), 8th Floor

Trial: March 23, 2010 at 8:30 a.m.

2-3 Day Jury Trial

Settlement Conference: November 12, 2009 at 10:30 a.m.

Courtroom 10 (GSA), 6th Floor

I. Date of Scheduling Conference

February 4, 2009.

II. The Pleadings

1. Plaintiffs' Contentions

Plaintiffs seek to collect delinquent contributions from Defendant. Plaintiffs are the Plan Administrators of Employee Benefit Plans within the meaning of the Employee Retirement Security Act ("ERISA") under 29 U.S.C. Section 1002 and are the named fiduciaries under 29 U.S.C. Sections 1002 and 1132(b). Trust Funds, with the exception of the District No. 9 Pension Fund, are administered in the City and County of Fresno, California. District No. 9 Pension is administered in Portland, Oregon.

Defendant was a signatory to a Letter of Assent binding Defendant to the Collective Bargaining Agreement ("CBA") between the International Brotherhood of Electrical Workers Local Union No. 100 ("IBEW Local 100") and the Central California Chapter of the National Electrical Contractors Association ("NECA") for the period commencing September 11, 2003 and continuing through to the present. The CBA also incorporates various Trust Agreements, thereby binding Defendant to their terms.

From September 11, 2003, through to the present, the Trust Agreements and CBA obligated Defendant to make contributions to Trust Funds for all persons performing services in any classifications covered by the CBA. The contributions were due after the 15th of each month for services performed and covered under the CBA. Defendant was also obligated to provide the Trust Funds with an accounting on or before the 15th of each month. The accounting identified all persons performing services in any classification covered by the CBA, for whom Defendant was required to contribute monies. Plaintiffs claim Defendant was delinquent by failing to pay the required monthly contributions on the 16th day fo the month in which the work was performed under the ...


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