Trustees of the Operating Engineers Pension Trust et al v. Smith-Emery Company
| Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Contract Administration Fund, Fund for Construction Industry Advancement, Trustees of the Operating Engineers Pension Trust, Engineers Contract Compliance Committee Fund and Operating Engineers Workers' Compensation Trust |
| Smith-Emery Company |
| Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Southern California Partnership for Jobs Fund, California Building Standards Commission, State of California, Office of Statewide Health Planning and Development, State Of California, Division of The State Architect and International Union of Operating Engineers Local Union No. 12 |
| James E Partridge |
| 2:2019cv04058 |
| May 9, 2019 |
| US District Court for the Central District of California |
| Ronald SW Lew |
| Alexander F MacKinnon |
| Frederick F Mumm |
| Christina A Snyder |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A. |
| Defendant |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 144 TRANSCRIPT ORDER as to Defendant Smith-Emery Company for Court Reporter. Court will contact Elizabeth Tran at etran@lurie-zepeda.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tran, Elizabeth) |
| Filing 142 Amendment to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Complaint #130 , NOTICE OF MOTION AND MOTION to Stay Case pending Conclusion of Grievance / Arbitration Process; Memorandum of Points and Authorities #131 Defendant Smith Emery Company's Amended Notice of Motion for Partial Summary Judgment and Amended Notice of Motion to Stay Litigation filed by Defendant Smith-Emery Company. (Finsten, James) |
| Filing 143 MINUTES OF ZOOM STATUS CONFERENCE RE: SETTLEMENT held before Judge Christina A. Snyder: The Court confers with counsel, as stated on the record. Counsel informs the Court that the case has not settled and the parties shall move forward with settlement officer Nagle for settlement purposes. The Court deems the Motion for Summary Judgment Or, In the Alternative, Partial Summary Adjudication #132 filed on August 12, 2023, to be filed timely. The Court continues the Motion for Partial Summary Judgment #130 , Motion for Summary Judgment Or, In the Alternative, Partial Summary Adjudication #132 , and Motion to Stay Pending #131 to October 2, 2023, at 10:00 A.M., to all be heard simultaneously. Court Reporter: Laura Elias. (shb) |
| Filing 141 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 140 NOTICE OF ERRATA filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. correcting Memorandum in Support of Motion,,, #133 (Decker, Marija) |
| Filing 139 APPENDIX filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 12, #7 Ex. 13, #8 Ex. 22, #9 Ex. 24, #10 Ex. 25, #11 Ex. 26, #12 Ex. 27, #13 Ex. 28, #14 Ex. 29, #15 Ex. 30, #16 Ex. 31, #17 Ex. 32, #18 Ex. 33, #19 Ex. 34, #20 Ex. 35, #21 Ex. 36, #22 Ex. 37, #23 Ex. 38, #24 Ex. 39, #25 Ex. 40, #26 Ex. 41, #27 Ex. 42, #28 Ex. 43, #29 Ex.44)(Decker, Marija) |
| Filing 138 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 137 DECLARATION of Marija Kristich Decker in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 136 DECLARATION of Michael Babel in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 135 DECLARATION of Bernardo Ramos in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 134 DECLARATION of Alan Fung in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 133 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] #132 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 132 NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant, Smith-Emery Company, [or, in the Alternative, Partial Summary Adjudication] filed by plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Motion set for hearing on 9/25/2023 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Separate Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Judgment) (Decker, Marija) |
| Filing 131 NOTICE OF MOTION AND MOTION to Stay Case pending Conclusion of Grievance / Arbitration Process; Memorandum of Points and Authorities filed by Defendant Smith-Emery Company. Motion set for hearing on 9/11/2023 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration of James Partridge In Support of Defendant's Motion to Stay Litigation Pending Conclusion of Grievance / Arbitration Process, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Declaration of Will Partridge In Support of Defendant's Motion to Stay Litigation Pending Conclusion of Grievance / Arbitration Process, #14 Proposed Order) (Finsten, James) |
| Filing 130 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs' Complaint filed by Defendant Smith-Emery Company. Motion set for hearing on 9/25/2023 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 STATEMENT OF UNCONTROVERTED FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT, #2 Declaration OF JAMES PARTRIDGE IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Declaration OF WILL PARTRIDGE IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT, #9 Declaration OF ANDREW W. ZEPEDA IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Proposed Order) (Attorney James Jacob Finsten added to party Smith-Emery Company(pty:dft)) (Finsten, James) |
Filing 129
ORDER by Judge Christina A. Snyder Granting Request for Approval of Substitution of Attorney Andrew W. Zepeda for Defendant Smith-Emery Company in place of Attorneys John S. Worden and Christopher Brown #128 . (gk)
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| Filing 128 Request for Approval of Substitution or Withdrawal of Counsel filed by Defendant Smith-Emery Company (Attachments: #1 Proposed Order on Requet for Approval of Substitution or Withdrawal of Attorney)(Worden, John) |
| Filing 127 MINUTES OF Zoom Status Conference Re Settlement held before Judge Christina A. Snyder: The Court confers with counsel, as stated on the record. The Court sets a Further Status Conference re: Settlement on 8/14/2023 11:00 AM before Judge Christina A. Snyder, by Zoom. The Court grants the parties' request to continue the following dates by approximately 30 days: Last Day to File Motions 8/11/2023. Pretrial Conference/Hearing on Motions in Limine set for 10/30/2023 11:00 AM before Judge Christina A. Snyder. Jury Trial set for 12/5/2023 09:30 AM before Judge Christina A. Snyder. Court Reporter: Laura Elias. (gk) |
| Filing 126 SCHEDULING NOTICE (IN CHAMBERS) AND SETTING HEARING BY ZOOM by Judge Christina A. Snyder, re: Order #123 . The 7/3/2023 Status Conference re: Settlement at 11:00 AM will be heard by Zoom. Zoom Webinar Information can be found on the Court's Website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
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Filing 125
ORDER MODIFYING SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF DATE ONLY #124 by Judge Christina A. Snyder. IT IS HEREBY ORDERED that the Stipulation is APPROVED. The deadline to complete fact discovery is continued from May 19, 2023, until July 17, 2023. (lom)
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| Filing 124 STIPULATION for Order Extend Discovery Cut-Off Date Only filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Proposed Order)(Decker, Marija) |
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Filing 123
ORDER APPROVING EIGHTH STIPULATION TO MODIFY SCHEDULING ORDER by Judge Christina A. Snyder: IT IS HEREBY ORDERED that the parties' Eighth Stipulation to Modify the Scheduling Order #122 is approved. The Scheduling Order is modified as follows: Last date to conduct settlement conference or mediation is 6/7/2023. Status Conference re Settlement set for 7/3/2023 11:00 AM before Judge Christina A. Snyder. Discovery cut-off 5/19/2023. Motions due by 7/17/2023. Final Pretrial Conference/Hearing on Motions in Limine set for 9/25/2023 11:00 AM before Judge Christina A. Snyder. Jury Trial set for 10/31/2023 09:30 AM before Judge Christina A. Snyder. (gk)
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| Filing 122 Eighth STIPULATION to Continue Trial and related from August 29, 2023 to October 31, 2023 filed by Defendant Smith-Emery Company. (Attachments: #1 Proposed Order)(Worden, John) |
| Filing 121 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Quinn Thompson counsel for Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Adding Andrew Q. Thompson as counsel of record for Trustees of the Operating Engineers Pension Trust, et al. for the reason indicated in the G-123 Notice. Filed by Plaintiffs Trustees of the Operating Engineers Pension Trust, et al.. (Attorney Andrew Quinn Thompson added to party Contract Administration Fund(pty:pla), Attorney Andrew Quinn Thompson added to party Engineers Contract Compliance Committee Fund(pty:pla), Attorney Andrew Quinn Thompson added to party Fund for Construction Industry Advancement(pty:pla), Attorney Andrew Quinn Thompson added to party Operating Engineers Workers' Compensation Trust(pty:pla), Attorney Andrew Quinn Thompson added to party Southern California Partnership for Jobs Fund(pty:pla), Attorney Andrew Quinn Thompson added to party Trustees of the Operating Engineers Health and Welfare Fund(pty:pla), Attorney Andrew Quinn Thompson added to party Trustees of the Operating Engineers Local 12 Defined Contribution Plan(pty:pla), Attorney Andrew Quinn Thompson added to party Trustees of the Operating Engineers Pension Trust(pty:pla), Attorney Andrew Quinn Thompson added to party Trustees of the Operating Engineers Training Trust(pty:pla), Attorney Andrew Quinn Thompson added to party Trustees of the Operating Engineers Vacation-Holiday Savings Trust(pty:pla))(Thompson, Andrew) |
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Filing 120
ORDER APPROVING SEVENTH STIPULATION TO MODIFY SCHEDULING ORDER by Judge Christina A. Snyder: IT IS HEREBY ORDERED that the Parties Seventh Stipulation to Modify the Scheduling Order #119 is approved. The Scheduling Order is modified as follows: Last date to conduct settlement conference or mediation 4/21/2023. Status Conference re Settlement set for 5/1/2023 11:00 AM before Judge Christina A. Snyder. Discovery cut-off 4/14/2023. Last Day to File Motions 5/22/2023. Final Pretrial Conference/Hearing on Motions in Limine set for 7/31/2023 11:00 AM before Judge Christina A. Snyder. Jury Trial set for 8/29/2023 09:30 AM before Judge Christina A. Snyder. (gk)
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| Filing 119 Seventh STIPULATION to Extend Discovery Cut-Off Date to April 14, 2023, STIPULATION to Reset Scheduling Order filed by Defendant Smith-Emery Company. (Attachments: #1 Proposed Order to Modify Scheduling Order)(Worden, John) |
| Filing 118 SCHEDULING NOTICE (IN CHAMBERS) AND SETTING HEARING BY ZOOM by Judge Christina A. Snyder, re: Order #117 . The 12/19/2022 Status Conference re: Settlement at 11:00 AM will be held by Zoom before Judge Christina A. Snyder. Zoom Webinar Information can be found on the Court's Website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
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Filing 117
ORDER APPROVING SIXTH STIPULATION TO MODIFY SCHEDULING ORDER, #116 by Judge Christina A. Snyder: IT IS HEREBY ORDERED that the Parties Sixth Stipulation to Modify the Scheduling Order is approved. The Scheduling Order is modified as follows: Last Day to Conduct Settlement Conference or Mediation - December 9, 2022. Status Conference re: Settlement - December 19, 2022, at 11:00 a.m.; Discovery Cut-off - December 2, 2022. Last Day to File Motions - January 20, 2023. Pretrial Conference/Hearing on otions in Limine - March 27, 2023,at 11:00 a.m.; Jury Trial - April 18, 2023,at 9:30 a.m. No further extensions will be granted, without the showing of extremely good cause. IT IS SO ORDERED. (shb)
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| Filing 116 Sixth Stipulation To Modify Scheduling Order filed by Defendant Smith-Emery Company (Attachments: #1 Proposed Order)(Worden, John) |
| Filing 115 MINUTES SMITH-EMERY'S MOTION FOR APPOINTMENT OF SPECIAL MASTER PURSUANT TO RULE 53 (Dkt. 108, filed on March 8, 2022) by Judge Christina A. Snyder: The Court DENIES, without prejudice, Smith-Emery's motion for appointment of special master pursuant to Rule 53. IT IS SO ORDERED. (shb) |
| Filing 114 SCHEDULING NOTICE (IN CHAMBERS) AND SETTING HEARING BY ZOOM by Judge Christina A. Snyder. The 4/11/2022 hearing on the NOTICE OF MOTION AND MOTION to Appoint Special Master Pursuant to Fed. R. CIV. P. 53 #108 at 10:00 AM will be heard by Zoom before Judge Christina A. Snyder. Zoom Webinar Information can be found on the Court's website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 113 REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Appoint Special Master Pursuant to Fed. R. CIV. P. 53 #108 filed by Defendant Smith-Emery Company. (Worden, John) |
| Filing 112 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Appoint Special Master Pursuant to Fed. R. CIV. P. 53 #108 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Declaration Marija Kristich Decker, #2 Declaration Mike Babel)(Decker, Marija) |
| Filing 109 DECLARATION of Christopher Brown in support of NOTICE OF MOTION AND MOTION to Appoint Special Master Pursuant to Fed. R. CIV. P. 53 #108 filed by Defendant Smith-Emery Company. (Attachments: #1 Exhibit A)(Worden, John) |
| Filing 108 NOTICE OF MOTION AND MOTION to Appoint Special Master Pursuant to Fed. R. CIV. P. 53 filed by Defendant Smith-Emery Company. Motion set for hearing on 4/11/2022 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order) (Worden, John) |
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Filing 107
ORDER APPROVING FIFTH STIPULATION TO MODIFY SCHEDULING ORDER, #105 by Judge Christina A. Snyder: IT IS HEREBY ORDERED that the Parties Fifth Stipulation to Modify the Scheduling Order is approved. The Scheduling Order is modified as follows: Settlement Completion Cut-Off - July 8, 2022., Status Conference re: Settlement - July 18, 2022 at 11:00 a.m.; Discovery Cut-Off - July 1, 2022. Last Day to File Motions - August 19, 2022., Pretrial Conference/Hearing on Motions in Limine - October 24, 2022 at 11:00 a.m., Jury Trial - November 8, 2022 at 9:30 a.m. (shb)
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| Filing 105 Fifth Stipulation to Modify Scheduling Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust (Attachments: #1 Proposed Order)(Decker, Marija) |
| Filing 104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #102 . The following error(s) was/were found: Incorrect document is attached to the docket entry. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 103 Notice of Appearance or Withdrawal of Counsel: for attorney John S Worden counsel for Defendant Smith-Emery Company. Adding John S. Worden as counsel of record for SMITH-EMERY COMPANY, a California corporation for the reason indicated in the G-123 Notice. Filed by Defendant SMITH-EMERY COMPANY, a California corporation. (Worden, John) |
| Filing 102 Notice of Appearance or Withdrawal of Counsel: for attorney John S Worden counsel for Defendant Smith-Emery Company. Adding John S. Worden as counsel of record for SMITH-EMERY COMPANY, a California corporation for the reason indicated in the G-123 Notice. Filed by Attorney SMITH-EMERY COMPANY, a California corporation. (Attorney John S Worden added to party Smith-Emery Company(pty:dft))(Worden, John) |
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Filing 101
MINUTES (IN CHAMBERS) MITCHELL SILBERBERG & KNUPP LLP'S MOTION FOR AN ORDER PERMITTING WITHDRAWAL AS COUNSEL OF RECORD FOR SMITH-EMERY COMPANY (Dkt. #95 , filed on October 19, 2021) by Judge Christina A. Snyder. In accordance with the foregoing, the Court GRANTS MSK's motion to withdraw as counsel for defendant Smith-Emery. The Court DIRECTS MSK to provide notice to Smith-Emery that it must retain replacement counsel within thirty days of the date of this order and risks the entry of monetary and terminating sanctions against it if it fails to secure replacement counsel. (lom)
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| Filing 100 MINUTES OF MOTION OF MITCHELL SILBERBERG & KNUPP, LLP FOR AN ORDER PERMITTING WITHDRAWALS AS COUNSEL OF RECORD FOR SMITH-EMERY COMPANY (95) (VIA ZOOM) Hearing held before Judge Christina A. Snyder. Hearing held and the parties are present. Tentative order is provided to counsel prior to the hearing. The Court confers with the parties. The Court hereby adopts the tentative order. A Court order will issue. Court Reporter: Laura Elias. (lom) |
| Filing 99 DECLARATION of Stephen C. Franz In Support NOTICE OF MOTION AND MOTION of JONATHAN M. TURNER AND STEPHEN FRANZ to Withdraw as Attorney #95 filed by Defendant Smith-Emery Company. (Franz, Stephen) |
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Filing 98
SCHEDULING NOTICE AND ORDER by Judge Christina A. Snyder. The Motion of Mitchell Silberberg and Knupp LLP for an Order Permitting Withdrawals as Counsel of Record for Smith-Emery Company #95 , set for hearing on Monday, November 22, 2021, will proceed by ZOOM Webinar. Instructions are available on the Court's website under "Judges Procedures and Schedules." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY
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| Filing 97 NOTICE of Change of Attorney Business or Contact Information: for attorney Marija Kristich Decker counsel for Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Changing Address to 200 South Los Robles Ave., Suite 500, Pasadena, CA 91101. Filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
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Filing 96
MINUTES (IN CHAMBERS)- PLAINTIFFS' EX PARTE APPLICATION FOR A MODIFICATION OF SCHEDULING ORDER RE: TRIAL, PRE-TRIAL CONFERENCE, AND OTHER DEADLINES (Dkt.92, filed on October 19, 2021) by Judge Christina A. Snyder: The Court GRANTS plaintiffs ex parte application for a modification of the scheduling order. The Court schedules the following dates: Settlement Completion Cutoff: February 82 2022; Status Conference re: Settlement (11:00 A.M.): February 14. 2022;Factual Discovery Cutoff: February 2, 2022; Last Day to File Motions: March 18, 2022; Pretrial Conference/Hearing on Motions in Limine (11:00 A.M.): May 16, 2022; and Jury Trial (9:30 A.M): June 7, 2022. IT IS SO ORDERED. (shb)
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| Filing 95 NOTICE OF MOTION AND MOTION of JONATHAN M. TURNER AND STEPHEN FRANZ to Withdraw as Attorney filed by defendant Smith-Emery Company. Motion set for hearing on 11/22/2021 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration OF JONATHAN M. TURNER IN SUPPORT OF MITCHELL SILBERBERG & KNUPP LLPS MOTION FOR AN ORDER PERMITTING WITHDRAWAL AS COUNSEL OF RECORD FOR SMITH-EMERY COMPANY, #2 Proposed Order PERMITTING WITHDRAWAL AS COUNSEL OF RECORD FOR SMITH-EMERY COMPANY) (Turner, Jonathan) |
| Filing 94 DECLARATION of Marija Kristich Decker in support of EX PARTE APPLICATION for Order for Modification of Scheduling Order Re: Trial, Pre-Trial Conference, and Other Deadlines #92 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Exhibit A thru B)(Decker, Marija) |
| Filing 93 MEMORANDUM in Support of EX PARTE APPLICATION for Order for Modification of Scheduling Order Re: Trial, Pre-Trial Conference, and Other Deadlines #92 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 92 EX PARTE APPLICATION for Order for Modification of Scheduling Order Re: Trial, Pre-Trial Conference, and Other Deadlines filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Proposed Order) (Decker, Marija) |
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Filing 91
MINUTES (In Chambers): Order re Defendant's Document Production by Magistrate Judge Alexander F. MacKinnon: Based on the parties' submissions, the Court makes the following additional rulings regarding Defendant's response to Plaintiff's requests for production and compliance with the February 10, 2021 order. [See document for details.] (es)
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| Filing 90 DECLARATION of Jim Partridge re Miscellaneous Document,, #89 Declaration of Marija Decker filed by Defendant Smith-Emery Company. (Franz, Stephen) |
| Filing 89 Declaration of Marija Kristich Decker Re Status Report re Document Production filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust re: Discovery Hearing,,, #88 (Attachments: #1 Exhibit 1 thru 2)(Decker, Marija) |
| Filing 88 MINUTES OF DISCOVERY CONFERENCE Hearing held before Magistrate Judge Alexander F. MacKinnon: Discovery conference held. No later than July 30, 2021, plaintiffs' counsel shall send defendant's counsel a letter outlying plaintiffs' issues regarding defendant's declaration as to completion of document production. No later than August 6, 2021, counsel from the two sides shall meet and confer regarding these issues. If all disputes have not been resolved, plaintiffs' counsel shall file a statement regarding the results of the meet and confer process and plaintiff's position on these issues no later than August 13, 2021. Within one week of the filing of the plaintiffs' statement, defendant shall file a response. After receipt of these documents, the Court will advise the parties whether a further hearing will be held. Court Reporter: ZOOM Webinar. (es) |
| Filing 87 DECLARATION of Jim Partridge re Smith Emery's Compliance with Document Production Obligations filed by Defendant Smith-Emery Company. (Turner, Jonathan) |
| Filing 85 SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: The Discovery Conference previously scheduled for 7/15/21 at 11:00am #83 has been rescheduled for 7/16/21 at 11:00am before Magistrate Judge Alexander F. MacKinnon. The Zoom Webinar information for Judge MacKinnon remains the same.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY |
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Filing 86
ORDER APPROVING FOURTH STIPULATION TO MODIFY SCHEDULING ORDER, #84 by Judge Christina A. Snyder: IT IS HEREBY ORDERED that the Parties Fourth Stipulation to Modify the Scheduling Order is approved. The Scheduling Order is modified as follows: Motions due by 1December 17, 2021., Last date to conduct settlement conference is 11/8/2021., Final Pretrial Conference set for February 14, 2022 at 11:00 a.m., Jury Trial set for March 8, 2022 at 9:30 a.m., Status Conference set for November 15, 2021 at 11:00 a.m. See order for details. (shb)
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| Filing 84 Fourth Stipulation to Modify Scheduling Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust (Attachments: #1 Proposed Order)(Decker, Marija) |
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Filing 83
MINUTES (In Chambers): Order Setting Discovery Conference by Magistrate Judge Alexander F. MacKinnon: The Court sets a discovery conference via Zoom for Thursday, July 15, 2021, at 11 a.m., to discuss defendant's compliance with its discovery obligations. The Clerk will contact the parties prior to the hearing regarding instructions to log on to Zoom for this conference. (es)
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| Filing 82 DECLARATION of Marija Kristich Decker Regarding Smith-Emery Company's Lack of Compliance with Court's Discovery Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 81 DECLARATION of Marija Kristich Decker re Declaration #79 in Response to Declaration of Jonathan M. Turner Re Complying with Court's February 10, 2021 Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Exhibit A)(Decker, Marija) |
| Filing 80 DECLARATION of Stephen C. Franz re Declaration #79 , Status Report,, #78 regarding Smith-Emery Company's Further Efforts to Comply With This Court's February 10, 2021 Order filed by Defendant Smith-Emery Company. (Franz, Stephen) |
| Filing 79 DECLARATION of Jonathan M. Turner re Status Report,, #78 re: Smith Emery Company's Efforts to Comply with this Court's February 10, 2021 Order filed by Defendant Smith-Emery Company. (Turner, Jonathan) |
| Filing 78 STATUS REPORT JOINT filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
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Filing 77
MINUTES (In Chambers): Order re Further Status Report by Magistrate Judge Alexander F. MacKinnon: A further joint status report shall be filed on June 21, 2021. [See document for details.] (es)
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| Filing 76 STATUS REPORT Joint filed by Plaintiffs Contract Administration Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
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Filing 74
MINUTES (In Chambers): Order re Further Status Report by Magistrate Judge Alexander F. MacKinnon: Having reviewed the parties' joint status report (ECF No. 73), the Court orders the parties to file a further joint status report no later than May 21, 2021. The Court expects that document production by defendant will be substantially complete by that time. (es)
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| Filing 73 STATUS REPORT JOINT filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
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Filing 72
ORDER APPROVING THIRD STIPULATION TO MODIFY SCHEDULING ORDER, #71 by Judge Christina A. Snyder: IT IS HEREBY ORDERED that the Parties Third Stipulation to Modify the Scheduling Order is approved. The Scheduling Order is modified as follows: Discovery cut-off August 2, 2021., Motions due by September 17, 2021., Last date to conduct settlement conference is August 9, 2021., Final Pretrial Conference set for November 15, 2021 at 11:00 A.M., Jury Trial continued to December 7, 2021 at 9:30 a.m. Status Conference set for August 16, 2021 at 11:00 a.m. (shb)
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| Filing 71 Third Stipulation to Modify Scheduling Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust (Attachments: #1 Proposed Order)(Decker, Marija) |
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Filing 70
ORDER by Judge Christina A. Snyder: GRANTING #48 Request to Substitute Attorney. Added attorney Jonathan M Turner for James E Partridge. Attorney John Logan Hunter terminated (shb)
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Filing 69
ORDER by Judge Christina A. Snyder: GRANTING #48 Request of Smith-Emery Company to Substitute Attorney Jonathan M. Turner in place and instead of John Logan Hunter. Added attorney Jonathan M Turner for Smith-Emery Company,Jonathan M Turner for Smith-Emery Company. (shb)
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| Filing 68 NOTICE OF LODGING filed of [PROPOSED] ORDER re REQUEST TO WITHDRAW ATTORNEY John Logan Hunter as counsel of record #48 (Attachments: #1 Proposed Order Request for Approval of Withdrawal of Attorney, #2 Proposed Order Request for Approval of Withdrawal of Attorney)(Hunter, John) |
| Filing 67 MINUTES RE PLAINTIFF'S TRUSTEES' MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS (ECF #56) Hearing held before Magistrate Judge Alexander F. MacKinnon: As discussed on the record, plaintiff's motion to compel is granted - with the exception of Requests for Production (RFPs) 19, 20, 21, 22, and 23. Regarding those five RFPs, counsel for both sides shall meet and confer no later than February 24, 2021 as to the appropriate scope of responsive documents. All non-privileged, responsive documents for all RFPs raised in the motion to compel shall be produced by defendant no later than March 27, 2021. A joint status report regarding defendant's document production shall be filed no later than April 11, 2021. After review of the joint report, the Court will rule on plaintiffs' request for attorneys' fees in connection with the motion to compel. Court Reporter: ZOOM Webinar. (es) |
| Filing 66 SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: A Zoom hearing re Plaintiff Trustees' MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 is scheduled for 2/10/2021 at 2:00PM before Magistrate Judge Alexander F. MacKinnon. Webinar information can be found on Judge MacKinnon's Schedules and Procedures page on the Court's website.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY |
| Filing 65 STATEMENT of Response to Order to Show Cause MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Defendant Smith-Emery Company. (Franz, Stephen) |
| Filing 64 REPLY in support of MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 63 OPPOSITION in Opposition re: MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Counter Claimants James E Partridge, Smith-Emery Company, Defendant Smith-Emery Company. (Attachments: #1 Declaration of Stephen Franz ISO Oppos to Motion to Compel Further Responses, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Attorney Stephen Charles Franz added to party James E Partridge(pty:cc))(Franz, Stephen) |
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Filing 62
Minutes (In Chambers): Order to Show Cause by Magistrate Judge Alexander F. MacKinnon: On or before January 28, 2021, Defendant Smith-Emery Company shall show cause in writing why the Court should not grant Plaintiffs' motion to compel (ECF No. 56) and award expenses to Plaintiffs in the amount of $20,358 based on Defendant's violation of Local Rule 37-2.2 due to its failure to provide its portion of the joint stipulation to Plaintiffs' counsel despite several extensions and its failure to cooperate in presentation of this motion to the Court as required by the Local Rules. See Local Rule 37-4. (es)
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Filing 61
MINUTES (In Chambers): Order Vacating the February 9, 2021 Hearing on Plaintiffs' Motion for an Order to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents (ECF No. 56) by Magistrate Judge Alexander F. MacKinnon: The hearing on Plaintiffs' Motion noticed for February 9, 2021, a t 10 a.m., is TAKEN OFF CALENDAR. No appearance is necessary. Local Rule 7-15. The motion shall stand submitted on the basis of the papers timely filed. The timing of the filing of any responsive briefs shall be based on the hearing date as originally noticed. (es)
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| Filing 60 DECLARATION of Michael Babel in support of MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 59 DECLARATION of Bernardo Ramos in support of MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Exhibit A thru G)(Decker, Marija) |
| Filing 58 DECLARATION of Marija Kristich Decker in support of MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Exhibit A thru Z)(Decker, Marija) |
| Filing 57 NOTICE OF MOTION re MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents #56 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Motion set for hearing on 2/9/2021 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Decker, Marija) |
| Filing 56 NOTICE OF MOTION AND MOTION to Compel Defendant Smith-Emery Company to Provide Further Responses and Documents in Response to Plaintiffs' Trustees' Request for Production of Documents filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Motion set for hearing on 2/9/2021 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order)(Decker, Marija) |
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Filing 55
ORDER APPROVING SECOND STIPULATION TO MODIFY SCHEDULING ORDER by Judge Christina A. Snyder, re Second Stipulation to Modify Scheduling Order #53 : IT IS HEREBY ORDERED that the Parties' Second Stipulation to Modify the Scheduling Order is approved. The Scheduling Order is modified as follows: Settlement Completion Cut-Off: May 10, 2021; Status Conference re: Settlement: May 24, 2021 at 11:00 a.m.; Discovery Cut-Off: May 3, 2021; Motion Cut-Off: June 11, 2021; Pretrial Conference/Hearing on Motions in Limine: August 16, 2021 at 11:00 a.m.; Jury Trial: September 14, 2021 at 9:30 a.m. (bm)
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| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document,, #53 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Court Events Orders (Non-Motion) - Select - Stipulation and Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 53 Second Stipulation to Modify Scheduling Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust (Attachments: #1 Proposed Order)(Decker, Marija) |
| Filing 52 Notice of Electronic Filing re Miscellaneous Document #50 , Order #51 e-mailed to Danton W. Liang bounced due to e-mail address not found. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 51
ORDER APPROVING IN PART THE FIRST STIPULATION TO MODIFY SCHEDULING ORDER #50 by Judge Christina A. Snyder: The deadlines and hearings originally scheduled have been rescheduled: Discovery cut-off 2/1/2021;Motions due by 3/12/2021;Last date to conduct settlement conference is 2/8/2021; Status Conference re settlement set for 2/22/2021 11:00 AM; Final Pretrial Conference/Motions in limine set for 5/17/2021 11:00 AM; Jury Trial set for 6/15/2021 09:30 AM. (lc)
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| Filing 50 First Stipulation to Modify Scheduling Order filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust (Attachments: #1 Proposed Order)(Decker, Marija) |
| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY John Logan Hunter as counsel of record #48 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Missing corresponding G-01 order form (obtain at Court's Website); After which...As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order (G-01) is submitted as Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 48 REQUEST TO WITHDRAW ATTORNEY John Logan Hunter as counsel of record filed by Defendants James E Partridge, Smith-Emery Company. (Hunter, John) |
| Filing 47 MINUTES OF STATE AGENCY COUNTERDEFENDANTS' MOTION TO DISMISS COUNTERCLAIM (ECF No. 36 filed September 20, 2019; TRUSTEES' MOTION TO STRIKE AFFIRMATIVE DEFENSES AND MOTION TO DISMISS COUNTERCLAIM (ECF No. 37 filed September 20, 2019) granting #36 MOTION to Dismiss; granting in part and denying in part #37 MOTION Hearing held before Judge Christina A. Snyder: For the foregoing reasons, the Court: (1) DENIES the Trustees' motion to dismiss pursuant to Federal Rule of Civil Procedure l2 (b)(1); (2) GRANTS the Trustees' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b )( 6) without leave to amend; (3) DENIES the Trustees' motion to strike pursuant to Federal Rule of Civil Procedure 12(f), without prejudice to raise the same objections at proceedings on summary judgment; and (4) GRANTS the State Agencies' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(l) without leave to amend. Court Reporter: Laura Elias. (bm) |
| Filing 46 REPLY in support of NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 45 REPLY in support of MOTION TO DISMISS COUNTERCLAIM filed by Counter Defendants California Building Standards Commission, State Of California, Division of The State Architect, State of California, Office of Statewide Health Planning and Development. (Boutin, Gabrielle) |
| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Defendant Smith-Emery Company, Counter Claimant Smith-Emery Company. (Turner, Jonathan) |
| Filing 43 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Counterclaim #36 filed by Defendant Smith-Emery Company, Counter Claimant Smith-Emery Company. (Turner, Jonathan) |
| Filing 42 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Defendant Smith-Emery Company, Counter Claimant Smith-Emery Company. (Attachments: #1 Exhibit 1-2 to Request for Judicial Notice)(Turner, Jonathan) |
| Filing 41 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Defendant Smith-Emery Company, Counter Claimant Smith-Emery Company. (Turner, Jonathan) |
| Filing 40 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 39 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Exhibits A-H)(Decker, Marija) |
| Filing 38 DECLARATION of Marija Kristich Decker in support of NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim #37 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 37 NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses and Motion to Dismiss Counterclaim filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Motion set for hearing on 10/28/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Proposed Order) (Decker, Marija) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Counterclaim filed by Counterdefendants California Building Standards Commission, State Of California, Division of The State Architect, State of California, Office of Statewide Health Planning and Development. Motion set for hearing on 10/28/2019 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum, #2 Request for Judicial Notice) (Boutin, Gabrielle) |
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Filing 35
ORDER/REFERRAL to ADR Procedure No 3 by Judge Christina A. Snyder. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 10/16/19. Status Conference set for 10/26/2020 11:00 AM before Judge Christina A. Snyder. (lc)
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| Filing 34 MINUTES OF Scheduling Conference held before Judge Christina A. Snyder. Request for leave to file amended pleadings or to add parties: December 2, 2019;Settlement Completion Cutoff: October 16, 2019;Factual Discovery Cut-off: September 30, 2020;Last Day to File Motions: November 13, 2020;Status Conference re: Settlement (11:00 A.M.): October 26, 2020;Pretrial Conference/Hearing on Motions in Limine (11:00 A.M.): January 25, 2021;and Jury Trial (9:30 A.M.): February 9, 2021.Motions in limine shall be noticed for the same date and time of the PretrialC onference, and filed 28 days prior thereto. Motions in limine/oppositions shall not exceed 5 pages in length and no replies will be accepted. Counsel inform the court of the parties preference to go before a private mediator.for settlement purposes Court Reporter: Laura Elias. (lc) |
| Filing 33 DECLARATION of Jonathan M. Turner re Miscellaneous Document #32 , Joint Report Rule 26(f) Discovery Plan,,,, #29 SMITH-EMERY COMPANY AND JAMES E. PARTRIDGES ADDENDUM TO THE SCHEDULING CONFERENCE REPORT PURSUANT TO RULE 26(f) filed by Counter Claimants James E Partridge, Smith-Emery Company, Defendant Smith-Emery Company. (Turner, Jonathan) |
| Filing 32 SMITH-EMERY COMPANY AND JAMES E. PARTRIDGES ADDENDUM re: Joint Report Rule 26(f) Discovery Plan,,,, #29 (Turner, Jonathan) |
| Filing 31 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
| Filing 30 SCHEDULING NOTICE ADVANCED by Judge Christina A. Snyder re: Joint Report Rule 26(f) Discovery Plan #29 and Initial Order Setting R26 Scheduling Conference #15 , previously scheduled for 9/10/2019 at 10:00 AM has been rescheduled. Scheduling Conference is advanced from 9/10/2019 to 9/9/2019 at 11:00 AM before Judge Christina A. Snyder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Counter Defendants Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust.. (Decker, Marija) |
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Filing 28
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:09-cv-01476 CAS(VBKx). Case transferred from Judge Ronald S.W. Lew and Magistrate Judge Frederick F. Mumm to Judge Christina A. Snyder and Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-04058 CAS(AFMx). Signed by Judge Christina A. Snyder (rn)
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Filing 27
ORDER APPROVING STIPULATION TO EXTEND TIME FOR COUNTERDEFENDANTS TO RESPOND TO COUNTERCLAIM, #26 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that the parties Stipulation to Extend Time for Counterdefendants to respond to the Counterclaim is approved. Counterdefendants shall have an extension of time, up to and including September 20, 2019, within which to file a response to Defendant and Counterclaimants Counterclaim for Declaratory Relief. (shb)
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| Filing 26 STIPULATION for Extension of Time to File Response as to Answer to Complaint (Attorney Civil Case Opening),,,, Counterclaim,,, #11 filed by Defendants and Counterclaimants James E Partridge, Smith-Emery Company. (Attachments: #1 Proposed Order Approving Stipulation to Extend Time For Counterdefendants to Respond to Counterclaim)(Turner, Jonathan) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Extension of Time to File,, #23 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): The case number is missing the judge inititla. The complete case number is 2:19-cv-04058-RSWL (FFMx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
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Filing 24
ORDER GRANTING Stipulation for Extension of Time to File Answer to Counterclaim, #23 re Counter Defendants State Of California, Division of The State Architect answer due 9/6/2019 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that the parties Stipulation to Extend Time for State Agency Counter defendants to respond to Counterclaim is approved. Counter defendants Division of State Architect, Office of Statewide Health Planning and Development, and California Building Commission shall have an extension of time, up to and including September 6, 2019, within which to file a response to the Counterclaim. (shb)
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| Filing 23 STIPULATION for Extension of Time to File Response to Counterclaim filed by Counterdefendants California Building Standards Commission, State Of California, Division of The State Architect, State of California, Office of Statewide Health Planning and Development. (Attachments: #1 Proposed Order)(Attorney Gabrielle D Boutin added to party California Building Standards Commission(pty:cd), Attorney Gabrielle D Boutin added to party State Of California, Division of The State Architect(pty:cd), Attorney Gabrielle D Boutin added to party State of California, Office of Statewide Health Planning and Development(pty:cd))(Boutin, Gabrielle) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen Charles Franz counsel for Defendant Smith-Emery Company, Counter Claimant Smith-Emery Company. Adding Stephen C. Franz as counsel of record for Smith-Emery Company (Defendant and counterclaimants) for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimants Smith-Emery Company. (Attorney Stephen Charles Franz added to party Smith-Emery Company(pty:dft), Attorney Stephen Charles Franz added to party Smith-Emery Company(pty:cc))(Franz, Stephen) |
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Filing 21
ORDER Granting Stipulation for Extension of Time to File Answer to Counterclaim, #20 by Judge Ronald S.W. Lew. IT IS ORDERED that the parties Stipulation to Extend Time for Plaintiffs and Counter-defendants to respond to the Counterclaim is approved. Plaintiffs and Counter-defendants shall have an extension of time to and including September 6, 2019 within which to file a response to Defendant and Counter-claimants Counterclaim for Declaratory Relief. (shb)
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| Filing 20 STIPULATION for Extension of Time to File Respond to Counterclaim filed by Plaintiffs and Counterdefendants Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Attachments: #1 Proposed Order)(Decker, Marija) |
| Filing 19 PROOF OF SERVICE filed by Defendant and Counterclaimant James E Partridge, Smith-Emery Company, re Answer to Complaint (Attorney Civil Case Opening),,,, Counterclaim,,, #11 , Summons Issued,,, #14 Re IUOE Local 12 served on 07/24/19. (Turner, Jonathan) |
| Filing 18 PROOF OF SERVICE filed by Defendant and Counterclaimant James E Partridge, Smith-Emery Company, re Answer to Complaint (Attorney Civil Case Opening),,,, Counterclaim,,, #11 , Summons Issued,,, #14 re CA Office of Statewide Health Planning and Dev. served on 07/25/19. (Turner, Jonathan) |
| Filing 17 PROOF OF SERVICE filed by Defendant and Counterclaimant James E Partridge, Smith-Emery Company, re Answer to Complaint (Attorney Civil Case Opening),,,, Counterclaim,,, #11 , Summons Issued,,, #14 Re CA Div of State Architect served on 07/24/19. (Turner, Jonathan) |
| Filing 16 PROOF OF SERVICE filed by Defendant and Counterclaimant James E Partridge, Smith-Emery Company, re Answer to Complaint (Attorney Civil Case Opening),,,, Counterclaim,,, #11 , Summons Issued,,, #14 served on 07/24/19. (Turner, Jonathan) |
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Filing 15
MINUTE ORDER IN CHAMBERS SETTING SCHEDULING by Judge Ronald S.W. Lew. Scheduling Conference set for 9/10/2019 at 10:00 AM. See order for complete details. (jre)
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| Filing 14 21 DAY Summons Issued re Answer to Complaint (Attorney Civil Case Opening), COUNTERCLAIM, #11 as to Crossclaim Defendants California Building Standards Commission, Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, International Union of Operating Engineers Local Union No. 12, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, State Of California, Division of The State Architect, State of California, Office of Statewide Health Planning and Development, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (shb) |
| Filing 13 NOTICE of Interested Parties filed by Defendant/Counterclaimant Smith-Emery Company, identifying JAMES E. PARTRIDGE, INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 12, STATE OF CALIFORNIA, DIVISION OF STATE ARCHITECT, STATE OF CALIFORNIA, OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT, CALIFORNIA BUILDING STANDARDS COMMISSION. (Turner, Jonathan) |
| Filing 12 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),,,, Counterclaim,,, #11 filed by Counterclaimant Smith-Emery Company. (Attachments: #1 Attachment 1 to Summons, #2 Attachment 2 to Summons)(Turner, Jonathan) |
| Filing 11 ANSWER to Complaint (Attorney Civil Case Opening),,,,,, #1 AND, COUNTERCLAIM against Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, International Union of Operating Engineers Local Union No. 12, State Of California, Division of The State Architect, State of California, Office of Statewide Health Planning and Development, California Building Standards Commission filed by Defendant Smith-Emery Company.(Turner, Jonathan) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Smith-Emery Company answer now due 7/15/2019, re Complaint (Attorney Civil Case Opening),,,,,, #1 filed by defendant Smith-Emery Company.(Turner, Jonathan) |
| Filing 9 DEMAND for Jury Trial filed by Defendant Smith-Emery Company.. (Turner, Jonathan) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Engineers Contract Compliance Committee Fund, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Contract Administration Fund, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Operating Engineers Workers' Compensation Trust, Fund for Construction Industry Advancement, upon Defendant Smith-Emery Company served on 5/24/2019, answer due 6/14/2019. Service of the Summons and Complaint were executed upon Tammy Irons - Receptionist in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Decker, Marija) |
| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Smith-Emery Company. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Frederick F. Mumm. (esa) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, (Decker, Marija) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,,, #1 filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Contract Administration Fund, Engineers Contract Compliance Committee Fund, Fund for Construction Industry Advancement, Operating Engineers Workers' Compensation Trust, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. (Decker, Marija) |
| Filing 1 COMPLAINT Receipt No: 0973-23709596 - Fee: $400, filed by Plaintiffs Engineers Contract Compliance Committee Fund, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Contract Administration Fund, Southern California Partnership for Jobs Fund, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Local 12 Defined Contribution Plan, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust, Operating Engineers Workers' Compensation Trust, Fund for Construction Industry Advancement. (Attorney Marija Kristich Decker added to party Contract Administration Fund(pty:pla), Attorney Marija Kristich Decker added to party Engineers Contract Compliance Committee Fund(pty:pla), Attorney Marija Kristich Decker added to party Fund for Construction Industry Advancement(pty:pla), Attorney Marija Kristich Decker added to party Operating Engineers Workers' Compensation Trust(pty:pla), Attorney Marija Kristich Decker added to party Southern California Partnership for Jobs Fund(pty:pla), Attorney Marija Kristich Decker added to party Trustees of the Operating Engineers Health and Welfare Fund(pty:pla), Attorney Marija Kristich Decker added to party Trustees of the Operating Engineers Local 12 Defined Contribution Plan(pty:pla), Attorney Marija Kristich Decker added to party Trustees of the Operating Engineers Pension Trust(pty:pla), Attorney Marija Kristich Decker added to party Trustees of the Operating Engineers Training Trust(pty:pla), Attorney Marija Kristich Decker added to party Trustees of the Operating Engineers Vacation-Holiday Savings Trust(pty:pla))(Decker, Marija) |
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