Construction Laborers Trust Funds for Southern California Administrative Company v. American Environmental Corporation
| Construction Laborers Trust Funds for Southern California Administrative Company |
| American Environmental Corporation, American Environmental Corporation a California corporation, also known as and also doing business as American Environmental Corp. and AEC and and also |
| 2:2017cv04196 |
| June 6, 2017 |
| US District Court for the Central District of California |
| Charles F Eick |
| Michael W Fitzgerald |
| Fernando M Olguin |
| Alicia G Rosenberg |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on August 3, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 SATISFACTION OF JUDGMENT re Default Judgment,, #22 entered In favor of Construction Laborers Trust Funds for Southern California Administrative Company Against American Environmental Corporation (Acknowledgment of Full Satisfaction of Monetary Judgment) filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Hutchinson, Peter) |
| Filing 31 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #28 , returned executed upon Wells Fargo Bank, N.A. of Defendant American Environmental Corp. Remarks: Served on 1/17/2018. Mailed on 1/24/2018. (iv) |
Filing 30
ORDER GRANTING REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS #29 by Judge Michael W. Fitzgerald. IT IS HEREBY FURTHER ORDERED THAT: 1. Process servers used for service of writs of execution and writs of attachment in this action shall be competent and not less than eighteen (18) years of age; 2. Process servers used for service of writs of execution and writs of attachment in this action shall be California process servers duly registered in the county in which the writ of attachment or writ of execution will be served; and 3. Neither the Process Service nor its process servers used for service of writs of execution or writs of attachment in this action shall be a parties to this action. (lom)
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| Filing 29 REQUEST for Order for Granting Request for Special Appointment to Serve Process filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Proposed Order Granting Request for Service of Process, #2 Declaration of Peter A. Hutchinson in Support of Request for Service of Process, #3 Exhibit Attachments A and B to Declaration) (Hutchinson, Peter) |
| Filing 28 Writ of Execution issued against American Environmental Corporation re: Affidavit and Request for Issuance of Writ of Execution against AMERICAN ENVIRONMENTAL CORPORATION #25 , RE Default Judgment #22 . (lom) |
| Filing 27 PROOF OF SERVICE filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, re Default Judgment,, #22 served on 11/13/2017. (Attachments: #1 Exhibits)(Hutchinson, Peter) |
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Filing 26
MINUTES (IN CHAMBERS): ORDER DENYING WITHOUT PREJUDICE REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS #24 by Judge Michael W. Fitzgerald. Therefore, the Court DENIES the Request without prejudice. Plaintiff may refile the Request with evidence showing that the specific process server it intends to use is registered as required under section 699.080(a). This Court has previously approved applications seeking appointment of several registered process servers, or a process serving company, in the alternative to allow some flexibility. IT IS SO ORDERED. (lom)
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| Filing 25 Affidavit and Request for Issuance of Writ of Execution re: Default Judgment,, #22 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Proposed Writ of Execution)(Hutchinson, Peter) |
| Filing 24 REQUEST for Order for Special Appointment to Serve Process filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Proposed Order Special Appointment to Serve Process) (Hutchinson, Peter) |
| Filing 23 ABSTRACT of Judgment issued in favor of Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company and against American Environmental Corporation in the principal amount of $ 17,608.96, interest in the amount of $ 0.00, attorneys fees of $ 1,656.54, costs of $ 459.53. RE: Default Judgment #22 . (jp) |
| Filing 22 DEFAULT JUDGMENT AGAINST DEFENDANT AMERICAN ENVIRONMENTAL CORPORATION by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment be entered as follows: (1) Defendant shall pay Plaintiff a sum of $19,725.03, which is inclusive of: (A) damages in the amount of $17,608.96, which is inclusive of unpaid monthly contributions, interest thereon, and liquidated damages; (B) attorneys fees in the amount of $1,656.54 in accordance withLocal Rule 55-3; and C. filing and service costs in the amount of $459.53. Related to: NOTICE OF MOTION AND MOTION for Default Judgment against Defendant American Environmental Corporation #14 . (MD JS-6. Case Terminated.) (jp) |
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Filing 21
MINUTES (In Chambers): ORDER GRANTING Motion for Default Judgment against Defendant American Environmental Corporation #14 by Judge Michael W. Fitzgerald: The Motion is GRANTED. Defendant must pay Plaintiff a total of $19,725.03 in damages. Defendant must also, in accordance with the terms of the Agreements, produce all past-due monthly reports, through the date of this Order, and allow Plaintiff to conduct an audit of its books and records for the purpose of determining whether additional contributions remain outstanding under the Agreements. A separate Judgment will issue. (jp)
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| Filing 20 MINUTES OF MOTION for Default Judgment #14 before Judge Michael W. Fitzgerald: Case called, and counsel sates his appearance. The is no appearance made by defendant. The Court hears oral argument from counsel and grants the motion. A final order and judgment will issue. Court Reporter: Amy Diaz. (jp) |
| Filing 19 NOTICE OF ERRATA filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. correcting Memorandum in Support of Motion, #16 (Hutchinson, Peter) |
| Filing 18 DECLARATION of Peter A. Hutchinson in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant American Environmental Corporation #14 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hutchinson, Peter) |
| Filing 17 DECLARATION of Yvonne Higa in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant American Environmental Corporation #14 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Exhibit A.1, #2 Exhibit A.2, #3 Exhibit A.3, #4 Exhibit A.4, #5 Exhibit B.1, #6 Exhibit B.2, #7 Exhibit B.3, #8 Exhibit C.1, #9 Exhibit C.2, #10 Exhibit C.3, #11 Exhibit C.4, #12 Exhibit D.1, #13 Exhibit D.2, #14 Exhibit D.3, #15 Exhibit D.4, #16 Exhibit E.1, #17 Exhibit E.2, #18 Exhibit E.3, #19 Exhibit F.1, #20 Exhibit F.2, #21 Exhibit F.3, #22 Exhibit G, #23 Exhibit H.1, #24 Exhibit H.2, #25 Exhibit H.3, #26 Exhibit H.4, #27 Exhibit H.5, #28 Exhibit I, #29 Exhibit J.1, #30 Exhibit J.2, #31 Exhibit J.3)(Hutchinson, Peter) |
| Filing 16 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant American Environmental Corporation #14 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Hutchinson, Peter) |
| Filing 15 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant American Environmental Corporation #14 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Hutchinson, Peter) |
| Filing 14 NOTICE OF MOTION AND MOTION for Default Judgment against Defendant American Environmental Corporation filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Motion set for hearing on 10/16/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Judgment) (Hutchinson, Peter) |
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Filing 13
ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: A Show Cause re Default Judgment Hearing is set for 9/11/2017 at 11:30 AM before Judge Michael W. Fitzgerald. If a Motion for Default Judgment is filed prior to this hearing, the hearing will be vacated, and the Order To Show Cause discharged. (cw)
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| Filing 12 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant American Environmental Corporation, a California corporation, aka and also dba American Environmental Corp., and AEC. (jp) |
| Filing 11 REQUEST for Clerk to Enter Default against defendant American Environmental Corporation filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Exhibit 1 to Request to Clerk for Entry of Default of Defendant, American Environmental Corporation) (Hamasaki, Marsha) |
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Filing 10
MINUTE IN CHAMBERS: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald: Plaintiff is ordered to show cause, in writing, no later than August 14, 2017 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause: Answer by the defendant or an application for entry of default pursuant to Federal Rule of Civil Procedure 55(a). No oral argument on this matter will be heard unless otherwise ordered by the Court. See order for details. (shb)
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| Filing 9 PROOF OF SERVICE Executed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, upon Defendant American Environmental Corporation served on 6/27/2017, answer due 7/18/2017. Service of the Summons and Complaint were executed upon Gary Darnell, Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. [Mailed: 06/28/17; Response Due: 07/31/17] (Hutchinson, Peter) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:16-cv-07324 MWF(AGRx). Case transferred from Magistrate Judge Charles F. Eick and Judge Fernando M. Olguin to Judge Michael W. Fitzgerald and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-04196 MWF(AGRx). Signed by Judge Michael W. Fitzgerald (rn)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant American Environmental Corporation. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Charles F. Eick. (car) |
| Filing 4 NOTICE of Interested Parties filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company, (Hutchinson, Peter) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company. (Hutchinson, Peter) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company. (Hutchinson, Peter) |
| Filing 1 COMPLAINT Receipt No: 0973-19969808 - Fee: $400, filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company. (Attorney Peter A Hutchinson added to party Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company(pty:pla))(Hutchinson, Peter) |
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| Plaintiff: Construction Laborers Trust Funds for Southern California Administrative Company | |
| Represented By: | Peter A Hutchinson |
| Represented By: | Alexander Bernard Cvitan |
| Represented By: | Marsha Michiko Hamasaki |
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| Defendant: American Environmental Corporation | |
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| Defendant: American Environmental Corporation a California corporation, also known as and also doing business as American Environmental Corp. and AEC | |
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