Construction Laborers Trust Funds for Southern California Administrative Company v. Trimming Land Co., Inc.
| Construction Laborers Trust Funds for Southern California Administrative Company |
| Trimming Land Co., Inc. |
| 2:2021cv05816 |
| July 19, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Pedro V Castillo |
| R Gary Klausner |
| Alicia G Rosenberg |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 40 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution #38 /Levy returned executed upon Wells Fargo Bank, N.A. Remarks: Served on: 3/17/2022. Mailed on: 3/21/2022. (jp) |
Filing 39
ORDER GRANTING REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS #36 by Judge R. Gary Klausner that Judgment Creditor's request for special appointment of All N One Legal Support (hereinafter "Process Server") to serve writs of attachment and writs of execution in this action is granted. (See attached Order for further specifics). (jp)
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| Filing 38 Writ of Execution issued against Trimming Land Co., Inc., a California Corporation re: Default Judgment #34 , Affidavit and Request for Issuance of Writ of Execution #37 . (jp) |
| Filing 37 Affidavit and Request for Issuance of Writ of Execution re: Default Judgment,, #34 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 {Proposed} Writ of Execution)(Hamasaki, Marsha) |
| Filing 36 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) (Hamasaki, Marsha) |
| Filing 35 NOTICE of Entry of JUDGMENT, re: Default Judgment,, #34 , filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Exhibit 1 to Notice of Entry of Judgment)(Hamasaki, Marsha) |
| Filing 34 JUDGMENT BY DEFAULT AGAINST TRIMMING LAND CO., INC., by Judge R. Gary Klausner in favor of the Plaintiff against Defendant in the amount of $74,530.57, consisting of a principal amount of $69,643.34 for the period October 2019 through June 2021 (including $59,190.55 in unpaid fringe benefit contributions, $2,959.14 in interest, $13,117.64 in liquidated damages and $4,560.00 in audit fees, minus a credit of $10,183.99), attorneys' fees of $4,385.73 and costs of $501.50. Related to: MOTION for Default Judgment #30 . (MD JS-6. Case Terminated.) (jp) |
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Filing 33
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Default Judgment #30 , calendared for hearing on January 10, 2022, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 32 NOTICE OF LODGING filed re Memorandum in Support of Motion,, #31 , NOTICE OF MOTION AND MOTION for Default Judgment against defendant Trimming Land Co., Inc., a California corporation #30 (Attachments: #1 Proposed Judgment by Default)(Hutchinson, Peter) |
| Filing 31 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Default Judgment against defendant Trimming Land Co., Inc., a California corporation #30 filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Declaration of Richard Watanabe, #2 Exhibit 1 -Landscape Agreement, #3 Exhibit 2 - 2019 Notice to Contractors, #4 Exhibit 3- 2020 Notice to Contractors, #5 Exhibit 4 Audit Findings Itemization, #6 Exhibit 5- Fringe Benefit Contribution Reports, #7 Declaration of Peter A. Hutchinson, #8 Exhibit 1- Complaint Filing Fee, #9 Exhibit 2-Service Fee)(Hutchinson, Peter) |
| Filing 30 NOTICE OF MOTION AND MOTION for Default Judgment against defendant Trimming Land Co., Inc., a California corporation filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Motion set for hearing on 1/10/2022 at 09:00 AM before Judge R. Gary Klausner. (Hutchinson, Peter) |
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Filing 29
ORDER EXTENDING TIME TO FILE A MOTION FOR DEFAULTJUDGMENT #27 by Judge R. Gary Klausner: the order directing Plaintiff to file a motion for default judgment by November 15, 2021 (dkt. #24 ) is vacated and Plaintiff is directed to file a motion for default judgment by no later than December 1, 2021. NOTE CHANGES MADE BY THE COURT. (jre)
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| Filing 28 DECLARATION of Peter A. Hutchinson re Order, #24 , REQUEST for Extension of Time to File Motion for Default Judgment #27 [DECLARATION OF PETER A. HUTCHINSON IN SUPPORT OF PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO FILE THE MOTION FOR DEFAULT JUDGMENT] filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Exhibit Attachments 1-5 to Decl of Peter A. Hutchinson in Support of Plaintiff's Request for Extension of Time to File the Motion for Default Judgment)(Hutchinson, Peter) |
| Filing 27 REQUEST for Extension of Time to File Motion for Default Judgment filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Proposed Order Extending Time to File a Motion for Default Judgment) (Hutchinson, Peter) |
| Filing 26 PROOF OF SERVICE filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, re Order on Motion for Order, #23 sub served on 10/27/21. (Hutchinson, Peter) |
| Filing 25 PROOF OF SERVICE filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, re Order on Motion for Order, #23 Proof of Service of 1) Interlocutory Order for Accounting; 2) Letter dated October 15, 2021 from Peter A. Hutchinson to Basilo Martinez, Elvira Flores Martinez and Other Agents of Trimming Land Co., Inc. served on 10/15/21. (Hamasaki, Marsha) |
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Filing 24
VACATED - ORDER VACATING ORDER TO FILE A MOTION FOR DEFAULT JUDGMENT BY OCTOBER 22, 2021 [DOC NO. 14 ] by Judge R. Gary Klausner that the Order directing Plaintiff to file a Motion for Default Judgment by 10/22/2021 is amended to continue the filing deadline to 11/15/2021. (jp) Modified on 11/12/2021 (jre).
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Filing 23
ORDER INTERLOCUTORY ORDER FOR ACCOUNTING #15 by Judge R. Gary Klausner that within fifteen (15) days of service of this Order, EMPLOYER, shall submit to an audit of its books and records and cooperate in all respects therewith, for the purpose of ascertaining the contributions due to the TRUST FUNDS and the damages to the TRUST FUNDS for any failure to pay such contributions. (See Order for further specifics). (jp)
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Filing 22
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Order for Interlocutory Order for Accounting #15 , calendared for hearing on October 4, 2021 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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Filing 21
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Order for Interlocutory Order for Accounting #15 , calendared for hearing on October 4, 2021 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 20 REQUEST for Order for Approving Attendance of Attorney Other Than Trial Attorney at Motion for Interlocutory Order for Accounting on October 4, 2021 filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Proposed Order Approving Attendance of Attorney Other Than Trial Attorney at Motion for Interlocutory Order for Accounting) (Hamasaki, Marsha) |
| Filing 19 NOTICE OF ERRATA filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. correcting REQUEST for Order for Approving Attendance of Attorney Other Than Trial Attorney at Scheduling Conference set for October 4, 2021 #18 (Hamasaki, Marsha) |
| Filing 18 REQUEST for Order for Approving Attendance of Attorney Other Than Trial Attorney at Scheduling Conference set for October 4, 2021 filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Proposed Order Approving Attendance of Attorney Other than Trial Attorney at Scheduling Conference) (Hamasaki, Marsha) |
| Filing 17 RESPONSE filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Companyto Generic Text Only Entry, 14 RESPONSE TO COURTS ORDER DIRECTING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT BY OCTOBER 22, 2021 [DOC NO. 14]; REQUEST TO VACATE THE ORDER; DECLARATION OF MARSHA M. HAMASAKI (Attachments: #1 Proposed Order Vacating Order to File Motion for Default Judgment)(Hamasaki, Marsha) |
| Filing 16 NOTICE OF ERRATA filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. correcting NOTICE OF MOTION AND MOTION for Order for Interlocutory Order for Accounting #15 (Attachments: #1 Declaration of Richard Watanabe, #2 Exhibit 1, #3 Exhibit 2)(Hamasaki, Marsha) |
| Filing 15 NOTICE OF MOTION AND MOTION for Order for Interlocutory Order for Accounting filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Motion set for hearing on 10/4/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Marsha M. Hamasaki, #2 Declaration of Richard Watanabe, #3 Exhibit 1 to Decl. of Richard Watanabe, #4 Exhibit 2 to Decl of Richard Watanabe, #5 Memorandum in Support of Plaintiff's Motion, #6 Proposed Order Interlocutory Order for Accounting, #7 Redacted Document Proof of Service) (Hamasaki, Marsha) |
| Filing 14 TEXT ONLY ENTRY: Default was entered by the Clerk as to defendant(s) Trimming Land Co., Inc., a California corporation on August 13, 2021 #13 . Counsel shall file the motion for default judgment on or before October 22, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) |
| Filing 13 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant Trimming Land Co., Inc., a California corporation. (jp) |
| Filing 12 REQUEST for Clerk to Enter Default against defendant Trimming Land Co., Inc. filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attachments: #1 Exhibit 1 to Request to Clerk for Entry of Default of Defendant) (Hamasaki, Marsha) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, upon Defendant Trimming Land Co., Inc. served on 7/30/2021, answer due 8/20/2021. Service of the Summons and Complaint were executed upon Basillo Martinez in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Hamasaki, Marsha) |
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Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:20-cv-00984 RGK(AGRx). Case transferred from Judge Andre Birotte Jr and Magistrate Judge Pedro V. Castillo to Judge R. Gary Klausner and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05816 RGK(AGRx). Signed by Judge R. Gary Klausner (aco)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Trimming Land Co., Inc. (lh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Pedro V. Castillo. (lh) |
| Filing 4 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company, (Hamasaki, Marsha) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company. (Hamasaki, Marsha) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company. (Hamasaki, Marsha) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31653956 - Fee: $402, filed by plaintiff CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company. (Attorney Marsha Michiko Hamasaki added to party CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company(pty:pla))(Hamasaki, Marsha) |
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| Plaintiff: Construction Laborers Trust Funds for Southern California Administrative Company | |
| Represented By: | Marsha Michiko Hamasaki |
| Represented By: | Alexander Bernard Cvitan |
| Represented By: | Peter A Hutchinson |
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| Defendant: Trimming Land Co., Inc. | |
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