Trustees of the Operating Engineers Pension Trust et al v. Smith-Emery Company
| Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust and Trustees of the Operating Engineers Vacation-Holiday Savings Trust |
| Smith-Emery Company |
| 2:2013cv09545 |
| December 30, 2013 |
| US District Court for the Central District of California |
| Victor B. Kenton |
| Christina A. Snyder |
| Labor: E.R.I.S.A. |
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Filing
198
MINUTES (IN CHAMBERS) - PLAINTIFFS' MOTION TO ENFORCE MEMORANDUM OF UNDERSTANDING (Filed June 3, 2019, Case No. 2:09-cv-01476, Dkt. 406); PLAINTIFFS' MOTION TO ENFORCE MEMORANDUM OF UNDERSTANDING (Filed June 3, 2019, Case No. 2:13-cv-095 45, Dkt. 192 ) by Judge Christina A. Snyder. In accordance with the foregoing, the Court GRANTS the Trustees' motions to enforce the MOU. The Court reserves ruling on the Trustees' request for sanctions until the conclusion of the audit that is the subject of these motions. IT IS SO ORDERED. (lom)
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Filing
182
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE DEFENDANTS MOTION TO VACATE JUDGMENT (Filed August 13, 2018, Case No. 2:09-cv-01476, [ dkt 353] PLAINTIFFS MOTION FOR SANCTIONS (Filed September 24, 2018, Case No. 2:09-cv-01476,[dkt 356] DEFENDA NTS MOTION TO VACATE JUDGMENT (Filed August 13, 2018, Case No. 2:13-cv-09545, 140 PLAINTIFFS MOTION FOR SANCTIONS (Filed September 24, 2018, Case No. 2:13-cv-09545 144 .Defendants motions to vacate judgment are DENIED. Plaintiffs motions for sanctions are DENIED. (lc)
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Filing
116
JUDGMENT by Judge Christina A. Snyder: The Court having granted plaintiffs' motion for entry of judgment against defendant, Smith-Emery Company, a California corporation 105 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Vacation-Holiday Savings Trust and Trustees of the Operating Engineers Training Trust shall recover from defen dant Smith-Emery Company, a California corporation, the principal amount of $310,408.41 plus interest thereon at a rate of 5% per annum from the date of entry of this judgment. Defendant Smith-Emery Company is ordered to pay the foregoing p rincipal and interest in 120 consecutive monthly installments of $3,292.36 each, commencing on the date of entry of this judgment, and continuing until paid in full. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that notwithstanding entry of judgment, the Court shall retain jurisdiction over the parties to enforce the terms of the parties settlement and this judgment. (gk)
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Filing
91
MINUTES (IN CHAMBERS) DEFENDANT'S MOTION FOR STAY PENDING STATE COURT PROCEEDINGS by Judge Christina A. Snyder: The Court need not resolve whether the Ninth Circuit's holding acts as res judicata of the issues in the State Case because the parties have settled this action. Further proceedings here, if any, will turn upon whether or not either party breaches its obligations pursuant to the settlement agreement. Defendant does not argue that a ruling in the State Case would disturb the parties' agreement to settle this action. Accordingly, defendant's motion for a stay 84 is DENIED as moot. Court Reporter: Not Present. (gk)
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Filing
88
MINUTES (IN CHAMBERS)- PLAINTIFFS' MOTION FOR JUDGMENT (Filed June 6, 2016, Case No. 2:09-cv-01476-CAS Dkt. 271) ; PLAINTIFFS' MOTION FOR ENFORCEMENT OF SETTLEMENT AND ENTRY OF JUDGMENT (Filed December 12, 2016, Case No. 2:09-cv-01476-CAS Dkt. 289);PLAINTIFFS' MOTION FOR ENFORCEMENT OF SETTLEMENT AND ENTRY OF JUDGMENT (Filed December 12, 2016, Case No. 2:13-cv-09545-CAS Dkt. 73 ) by Judge Christina A. Snyder. Plaintiffs' motions for enforcement of settlement are GRANTED dkt. 73 . Plaintiffs shall prepare forms of judgment that provide for installment payments of the stipulated settlement amounts and plaintiffs are directed to hold the judgments in trust until further order of court. Plaintiffs shall also lodge with the court judgments dismissing the actions with prejudice and providing that notwithstanding the entry of the dismissal, the court shall retain continuing jurisdiction over the parties to enforce the agreement contracted in the MOU.Plaintiffs' motion for judgment in the Second Action, dkt. 271, is DENIED as moot. IT IS SO ORDERED. (lom)
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Filing
21
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Defendant's Motion to Dismiss or for a More Definite Statement 12 . Defendant's motion for a more definite statement is hereby GRANTED. Plaintiffs shall have until and including 3/21/2014, to file an amended complaint containing additional identifying information regarding the allegedly unpaid contributions. Court Reporter: Not Present. (gk)
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