Construction Laborers Trust Funds For Southern California Administrative Company v. H Roberts Construction et al
| Construction Laborers Trust Funds For Southern California Administrative Company |
| Kathleen F. Roberts, Business Alliance Insurance Company and H Roberts Construction |
| 2:2020cv07024 |
| August 5, 2020 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Alka Sagar |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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| Filing 41 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Farmers and Merchants Bank of Long Beach on 2/23/2022. Remarks: Served on: 2-23-2022, Mailed on: 2-23-2022, Service Fee: 65.00, Total Charge: 65.00. (aco) |
| Filing 40 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Farmers and Merchants Bank of Long Beach on 2/23/2022. Remarks: Served on: 2/23/2022. Mailed on: 2/28/2022. Service Fee: 65.00. Total Charge 65.00. (iv) |
| Filing 39 WRIT of Execution Returned Executed. (iv) |
| Filing 38 ABSTRACT of Judgment issued in favor of Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company and against Kathleen F. Roberts in the principal amount of $ 62,529.03, interest in the amount of $ 0.00, attorneys fees of $ 0.00, costs of $ 80.76. RE: Judgment #22 . (iv) |
| Filing 37 ABSTRACT of Judgment issued in favor of Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company and against H Roberts Construction in the principal amount of $ 100,102.84, interest in the amount of $ 0.00, attorneys fees of $ 5,602.06, costs of $ 444.76. RE: Judgment #22 . (iv) |
| Filing 34 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon International City Bank on 9/22/2021. Remarks: Served on: 9/23/2021. Mailed on: 9/28/2021. (iv) |
| Filing 33 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon International City Bank on 9/22/2021. Remarks: Served on: 9/23/2021. Mailed on: 9/28/2021. (iv) |
| Filing 32 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Farmers and Merchants Bank of Long Beach on 9/22/2021. Remarks: Served on: 9/23/2021. Mailed on: 9/28/2021. (iv) |
| Filing 31 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Farmers Merchants Bank of Long Beach on 9/27/2021. Remarks: Served on: 9/23/2021. Mailed on: 9/28/2021. (iv) |
| Filing 36 MEMORANDUM OF GARNISHEE filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (iv) |
| Filing 35 MEMORANDUM OF GARNISHEE filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (iv) |
| Filing 30 WRIT OF EXECUTION issued against H Roberts Construction, Kathleen F. Roberts re: Affidavit and Request for Issuance of Writ of Execution, #28 . (iv) |
| Filing 29 WRIT OF EXECUTION issued against H Roberts Construction re: Affidavit and Request for Issuance of Writ of Execution, #27 . (iv) |
| Filing 28 Affidavit and Request for Issuance of Writ of Execution re: Judgment,,, #22 filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (Attachments: #1 Proposed Writ of Execution against Kathleen Roberts)(Hutchinson, Peter) |
| Filing 27 Affidavit and Request for Issuance of Writ of Execution re: Judgment,,, #22 filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (Attachments: #1 Proposed Writ of Execution against H Roberts Construction, Inc.)(Hutchinson, Peter) |
Filing 26
ORDER GRANTING REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS #25 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 25 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) (Hutchinson, Peter) |
| Filing 24 PROOF OF SERVICE filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, re Order on Motion for Default Judgment #21 , Judgment,,, #22 served on Defendant Kathleen Roberts served on 8/12/21. (Hutchinson, Peter) |
| Filing 23 PROOF OF SERVICE filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, re Order on Motion for Default Judgment #21 , Judgment,,, #22 on Defendant H Roberts Construction served on 8/12/21. (Hutchinson, Peter) |
| Filing 22 JUDGMENT by Judge Fernando M. Olguin. Judgment shall be entered in favor of plaintiff Construction Laborers Trust Funds for Southern California Administrative Company against defendants H Roberts Construction and Kathleen F. Roberts. Defendant H Roberts Construction shall pay plaintiff the total amount of $106,149.66, which is comprised of: (1) damages for unpaid contributions totaling $54,599.76; (2) interest of $6,954.65; (3) liquidated damages of $37,233.43; (4) $1,280.00 in audit fees; (5) $35.00 in check fees; (6) $5,602.06 in attorney's fees; and (7) $444.76 in costs. Defendants H Roberts Construction and Kathleen F. Roberts shall be jointly and severally liable for $62,529.03 of the total amount to be paid to plaintiff, as compensation for the breach of the settlement agreement. (MD JS-6, Case Terminated). (iv) |
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Filing 21
ORDER RE: MOTION FOR DEFAULT JUDGMENT by Judge Fernando M. Olguin. Plaintiff's Motion for Judgment by Default #15 is granted as set forth in this Order. (iv)
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| Filing 20 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Default Judgment #15 is taken off the 12/3/2020 calendar and placed under submission. No appearances are required on 12/3/2020. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 19 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Default Judgment #15 is taken off the 12/3/2020 calendar and placed under submission. No appearances are required on 12/3/2020. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 18 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendants H Roberts Construction and Kathleen F. Roberts #15 filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (Hutchinson, Peter) |
| Filing 17 DECLARATION of Peter A. Hutchinson in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendants H Roberts Construction and Kathleen F. Roberts #15 filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (Attachments: #1 Exhibits 1 to 4)(Hutchinson, Peter) |
| Filing 16 DECLARATION of Yvonne Higa in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendants H Roberts Construction and Kathleen F. Roberts #15 filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (Attachments: #1 Exhibits A.1 to Q.2)(Hutchinson, Peter) |
| Filing 15 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants H Roberts Construction and Kathleen F. Roberts filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. Motion set for hearing on 12/3/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Judgment) (Hutchinson, Peter) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Plaintiff shall file and serve a motion for default judgment no later than 10/23/2020, and notice it for hearing pursuant to the Local Rules. (vdr)
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| Filing 13 DEFAULT BY CLERK F.R.Civ.P.55(a) as to H Roberts Construction, Kathleen F. Roberts. (iv) |
| Filing 12 REQUEST for Clerk to Enter Default against defendant H Roberts Construction, Kathleen F. Roberts filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company. (Attachments: #1 Exhibit 1 & 2) (Hutchinson, Peter) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, upon Defendant Kathleen F. Roberts served on 9/6/2020, answer due 9/28/2020. Service of the Summons and Complaint were executed upon James Bulitt-Person apparently in charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (mailed on 08/27/20) (Hutchinson, Peter) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, upon Defendant H Roberts Construction served on 9/6/2020, answer due 9/28/2020. Service of the Summons and Complaint were executed upon James Bullit-Person apparently in charge 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 on 08/27/20) (Hutchinson, Peter) |
| Filing 9 NOTICE OF DISMISSAL filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company pursuant to FRCP 41a(1) as to Business Alliance Insurance Company. (Hutchinson, Peter) |
| Filing 8 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendants Business Alliance Insurance Company, H Roberts Construction, Kathleen F. Roberts. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alka Sagar. (ghap) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, a Delaware limited liability company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, a PLC, 3550 Wilshire Blvd., (Hutchinson, Peter) |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71), #2 , Complaint (Attorney Civil Case Opening),, #1 filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, a Delaware limited liability company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, a PLC, 3550 Wilshire Blvd.. (Hutchinson, Peter) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, a Delaware limited liability company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, a PLC, 3550 Wilshire Blvd.. (Hutchinson, Peter) |
| Filing 1 COMPLAINT Receipt No: ACACDC-27502485 - Fee: $400, filed by plaintiff Construction Laborers Trust Funds For Southern California Administrative Company, a Delaware limited liability company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, a PLC, 3550 Wilshire Blvd.. (Attorney Peter A Hutchinson added to party Construction Laborers Trust Funds For Southern California Administrative Company, a Delaware limited liability company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, a PLC, 3550 Wilshire Blvd.(pty:pla))(Hutchinson, Peter) |
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