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Boards of Trustees of IBEW Local Union No. 100 Pension Trust Fund v. Porges

April 21, 2010

BOARDS 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.
WILLIAM CHARLES PORGES, INDIVIDUALLY AND DOING BUSINESS AS ACCELERATED ELECTRIC, DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER Discovery Cut-Off: 3/7/11 Non-Dispositive Motion Filing Deadline: 3/25/11 Non-Dispositive Motion Hearing Date: 4/29/11 9:00 Ctrm. 10 Dispositive Motion Filing Deadline: 4/18/11 Dispositive Motion Hearing Date: 5/23/11 10:00 Ctrm. 3 Settlement Conference Date: 2/16/11 10:00 Ctrm. 10 Pre-Trial Conference Date: 7/11/11 11:00 Ctrm. 3 Trial Date: 8/23/11 9:00 Ctrm. 3 (JT-TBD days)

I. Date of Scheduling Conference. April 21, 2010.

III. Summary of Pleadings

1. Plaintiffs contend that Defendant is bound by a Collective Bargaining Agreement between the International Brotherhood of Electrical Workers Local Union 100 (IBEW Local 100) and the East Central California Chapter of the National Electrical Contractors Association, which obligates Defendant, among other things, to transmit monthly contribution reports and contributions to Plaintiffs, and comply with various Trust Agreements. Plaintiffs further contend that, beginning August 2009 and continuing through the present, Defendant performed covered services within the jurisdiction of IBEW Local 100, but failed to remit the required contributions. Since Defendant has failed to transmit all of the required monthly reports, Plaintiffs cannot ascertain the total amount of contributions owed at this time. Plaintiffs have therefore filed the present action for an accounting of Defendant's records, and to recover all contributions owed by Defendant to Plaintiffs - along with the liquidated damages, interest, costs and attorneys' fees permitted by the Collective Bargaining Agreement.

2. Defendant denies owing contributions or other amounts.

IV. Orders Re Amendments To Pleadings

1. Plaintiffs do not currently anticipate any amendments. Defendant intends to amend and IT IS ORDERED that Defendant's Amended Answer be filed forthwith. Plaintiffs reserve the right, and the parties stipulate, that once the proper parties Defendant have become identified, as to the contracting party or parties, that the complaint shall be amended.

V. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.

1. Plaintiffs, Boards of Trustees of IBEW Local Union No. 100 Pension Trust Fund, IBEW Local Union No. 100 Health & 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, are labor organizations within the meaning of the National Labor Relations Act.

2. Defendant, William Charles Porges, is an individual.

3. Defendant, Accelerated Electric, is a corporation that does business under the fictitious name styled Accelerated Electric. The corporation is Porges Enterprises, Inc., incorporated and doing business in the State of California.

4. William Charles Porges is an owner of Accelerated Electric.

5. Plaintiffs contend that there is a Collective Bargaining Agreement and that each Trust Fund has a separate agreement, all requiring contributions.

6. Defendant is unable to respond at this stage of the litigation whether and to what extent contracts obligate an appropriate party defendant to make any contributions.

B. Contested Facts

1. Hours claimed worked for which contributions are owed, if any.

2. The nature and extent of amounts claimed owed, if any.

3. All remaining facts are disputed.

VI. Legal Issues

A. Uncontested

1. Jurisdiction exists under 28 U.S.C. ยง 1331 and the National ...


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