Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund et al v. Kincaid Industries, Inc. et al
Plaintiff: Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund, Trustees of the Southern California Pipe Trades Christmas Bonus Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, Trustees Of The United Association National Pension Fund and Trustees of the International Training Fund
Defendant: Kincaid Industries, Inc., Ronald S. Kincaid and Scott Kincaid
Case Number: 2:2023cv02106
Filed: March 21, 2023
Court: US District Court for the Central District of California
Presiding Judge: Pedro V Castillo
Referring Judge: Otis D Wright
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1145 E.R.I.S.A.
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2023 Opinion or Order Filing 16 ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' TIME TO RESPOND TO INITIALCOMPLAINT TO JUNE 16, 2023 #14 by Judge Otis D. Wright, II. (lc)
May 10, 2023 Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: ONLY the proposed order to the Stipulation to Extend Time to Answer (More than 30 days), #14 . The following error(s) was/were found: proposed order Missing Date and Signature Block for the Judge, ONLY "##" at end of 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. (lc)
May 10, 2023 Filing 14 Second STIPULATION for Extension of Time to File Answer to June 16, 2023 re Complaint (Attorney Civil Case Opening),,,,,,, #1 filed by Defendant Kincaid Industries, Inc.. (Attachments: #1 Proposed Order Order Granting Stipulation to Extend Time to Respond to Initial Complaint)(Biornstad, Shane)
April 21, 2023 Filing 13 Joint STIPULATION Extending Time to Answer the complaint as to Ronald S. Kincaid answer now due 5/17/2023; Kincaid Industries, Inc. answer now due 5/17/2023, re Complaint (Attorney Civil Case Opening),,,,,,, #1 filed by Defendants Ronald S. Kincaid; Kincaid Industries, Inc..(Attorney Shane M. Biornstad added to party Ronald S. Kincaid(pty:dft), Attorney Shane M. Biornstad added to party Kincaid Industries, Inc.(pty:dft))(Biornstad, Shane)
April 20, 2023 Opinion or Order Filing 12 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff(s) is ORDERED TO SHOW CAUSE IN WRITING no later than April 21, 2023 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's request for entry of default as to the defendants. Answer by the defendant(s). In the event both documents are filed before the above date, the answer will take precedence. Failure to respond to the Court's Order may result in the dismissal of the action. (lc) Modified on 4/20/2023 (lc).
April 19, 2023 Filing 11 PROOF OF SERVICE Executed by Plaintiff Trustees of the Southern California Pipe Trades Christmas Bonus Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, Trustees of the International Training Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees of the United Association National Pension Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund, upon Defendant Ronald S. Kincaid served on 3/29/2023, answer due 4/19/2023. Service of the Summons and Complaint were executed upon Barbara Westfall, Office Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Moorhead, J)
April 19, 2023 Filing 10 PROOF OF SERVICE Executed by Plaintiff Trustees of the Southern California Pipe Trades Christmas Bonus Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, Trustees of the International Training Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees of the United Association National Pension Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund, upon Defendant Kincaid Industries, Inc. served on 3/27/2023, answer due 4/17/2023. Service of the Summons and Complaint were executed upon Barbara Westfall, Office Manager in compliance with Federal Rules 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. (Moorhead, J)
March 23, 2023 Opinion or Order Filing 9 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR EXCEPT FOR motions for summary judgment and any other evidence-heavy motions.. The Courts Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the US District Court for the Central District of California to submit documents electronically to the Clerks Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Courts Website and Judges procedures for information as applicable. (lc)
March 22, 2023 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Ronald S. Kincaid, Kincaid Industries, Inc. (car)
March 22, 2023 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
March 22, 2023 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
March 22, 2023 Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Pedro V. Castillo. (car)
March 21, 2023 Filing 4 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund; Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund; Trustees of the Southern California Pipe Trades Retirement Trust Fund; Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund; Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund; Trustees of the Southern California Pipe Trades Christmas Bonus Fund; Trustees of the Apprentice and Journeyman Training Trust Fund; Trustees of the United Association National Pension Fund; and Trustees of the International Training Fund.. (Moorhead, J)
March 21, 2023 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,,,, #1 filed by Plaintiffs Trustees Of The United Association National Pension Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, Trustees of the International Training Fund, Trustees of the Southern California Pipe Trades Christmas Bonus Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund. (Moorhead, J)
March 21, 2023 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Trustees Of The United Association National Pension Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, Trustees of the International Training Fund, Trustees of the Southern California Pipe Trades Christmas Bonus Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund. (Moorhead, J)
March 21, 2023 Filing 1 COMPLAINT Receipt No: ACACDC-34994460 - Fee: $402, filed by Plaintiffs Trustees of the Southern California Pipe Trades Christmas Bonus Fund, Trustees of the Southern California Pipe Trades Retirement Trust Fund, Trustees of the Apprentice and Journeyman Training Trust Fund, Trustees of the International Training Fund, Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund, Trustees Of The United Association National Pension Fund, Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund, Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund, Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund. (Attorney J Paul Moorhead added to party Trustees Of The United Association National Pension Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Apprentice and Journeyman Training Trust Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the International Training Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Southern California Pipe Trades Christmas Bonus Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Southern California Pipe Trades Retirement Trust Fund(pty:pla), Attorney J Paul Moorhead added to party Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund(pty:pla))(Moorhead, J)

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Plaintiff: Trustees of the Southern California Pipe Trades Health and Welfare Trust Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the Southern California Pipe Trades Pensioners and Surviving Spouses Health Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the Southern California Pipe Trades Retirement Trust Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the Southern California Pipe Trades Defined Contribution Trust Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the Southern California Pipe Trades Vacation and Holiday Trust Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the Southern California Pipe Trades Christmas Bonus Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the Apprentice and Journeyman Training Trust Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees Of The United Association National Pension Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Plaintiff: Trustees of the International Training Fund
Represented By: J Paul Moorhead
Represented By: Adrian R. Butler
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Defendant: Kincaid Industries, Inc.
Represented By: Shane M. Biornstad
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Defendant: Ronald S. Kincaid
Represented By: Shane M. Biornstad
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Defendant: Scott Kincaid
Represented By: Shane M. Biornstad
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