Board of Trustees of the Kern County Electrical Workers' Pension Fund, et al. v. Atkins Specialty Services, Inc., et al.
| Board of Trustees of the Kern County Electrical Workers' Pension Fund, Board of Trustees of the Kern County Electrical Workers' Health and Welfare Trust, Board of Trustees of the Kern County Electrical Journeyman and Apprenticeship Training Trust and Construction Benefits Administration, Inc. |
| Atkins Specialty Services, Inc., Atkins Services, Inc., Jeffrey Atkins and Rhonda Atkins |
| 1:2021cv01656 |
| November 16, 2021 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Anthony W Ishii |
| Jennifer L Thurston |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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Filing 32
MINUTE ORDER (TEXT Only): On May 9, 2022, the Court held a telephonic Status Conference. The parties requested additional time to engage in settlement negotiations before scheduling this action. Based on the parties' request, the Court sets a further STATUS CONFERENCE on June 7, 2022, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The purpose of the conference is to address the status of settlement and scheduling of this action. The parties shall appear at the conference remotely with each party connecting either via Zoom video or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/9/2022. (Valdez, E)
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| Filing 31 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Barbara A. McAuliffe on 5/9/2022: TELEPHONIC STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Tiffany Lena - telephonically present. Defendants' Counsel: Scott Wilson - telephonically present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
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Filing 30
ORDER GRANTING #27 #28 Substitutions of Attorney, signed by Magistrate Judge Barbara A. McAuliffe on 5/2/2022. Attorney Scott A. Wilson is SUBSTITUTED as attorney of record for Defendants Jeffrey Atkins and Rhonda Atkins. (Hall, S)
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Filing 29
STIPULATION and ORDER Extending Time for Filing of Motion to Enter Default Judgment as to Corporate Defendants Atkins Specialty Services, Inc., and Atkins Services, Inc., signed by Magistrate Judge Barbara A. McAuliffe on 04/29/2022. Status Conference set for 5/9/2022 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E)
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| Filing 28 MOTION to APPOINT COUNSEL by Rhonda Atkins. Attorney Wilson, Scott Allen added. (Wilson, Scott) |
| Filing 27 MOTION to APPOINT COUNSEL by Jeffrey Atkins. Attorney Wilson, Scott Allen added. (Wilson, Scott) |
| Filing 26 MOTION to APPOINT COUNSEL by Atkins Services, Inc.. Attorney Wilson, Scott Allen added. (Wilson, Scott) |
| Filing 25 STIPULATION and PROPOSED ORDER for Extending Time for Plaintiffs to File Motion for Default Judgment as to Corporate Defendants by Board of Trustees of the Kern County Electrical Journeyman and Apprenticeship Training Trust, Board of Trustees of the Kern County Electrical Workers' Health and Welfare Trust, Board of Trustees of the Kern County Electrical Workers' Pension Fund, Construction Benefits Administration, Inc.. (Lena, Tiffany) |
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Filing 24
ORDER Discharging Order to Show Cause and Setting Status Conference signed by Magistrate Judge Barbara A. McAuliffe on 3/28/2022. Status Conference set for 5/9/2022 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)
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| Filing 23 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Barbara A. McAuliffe on 3/28/2022: TELEPHONIC SHOW CAUSE HEARING held. Plaintiffs' Counsel: Tiffany Lena - NOT present. Pro Se Defendants: Jeffrey Atkins and Rhonda Atkins appeared by telephone - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
| SERVICE BY MAIL: 23 Minute Order served on Jeffrey Atkins and Rhonda Atkins at 1085 Voyager Drive #330, Tehachapi, CA 93561. (Valdez, E) |
| SERVICE BY MAIL: #24 Order served on Jeffrey Atkins and Rhonda Atkins at 1085 Voyager Drive #330, Tehachapi, CA 93561. (Jessen, A) |
| Filing 22 CLERK'S ENTRY OF DEFAULT as to *Atkins Specialty Services, Inc.* (Flores, E) |
| Filing 21 CLERK'S ENTRY OF DEFAULT as to *Atkins Services, Inc.* (Flores, E) |
| Filing 20 REQUEST FOR ENTRY OF DEFAULT as to Atkins Services, Inc., Atkins Specialty Services, Inc. by Board of Trustees of the Kern County Electrical Workers' Health and Welfare Trust, Construction Benefits Administration, Inc., Board of Trustees of the Kern County Electrical Workers' Pension Fund, Board of Trustees of the Kern County Electrical Journeyman and Apprenticeship Training Trust. (Attachments: #1 Affidavit Of Plaintiff's Counsel ISO Request for Entry of Default)(Lena, Tiffany) |
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Filing 19
ORDER Requiring Defendants Jeffrey Atkins and Rhonda Atkins to Appear Before the Court on March 28, 2022, to Show Cause Why Sanctions Should Not Be Imposed for Failure to Comply With a Court Order signed by Magistrate Judge Barbara A. McAuliffe on 3/14/2022. Show Cause Hearing set for 3/28/2022 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)
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| Filing 18 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Barbara A. McAuliffe on 3/14/2022: STATUS CONFERENCE - held. Order to Show Cause to issue for Pro Se Defendants' failure to appear. Plaintiffs' Counsel Tiffany Lena appeared by telephone - present. Pro Se Defendants Jeffrey Atkins and Rhonda Atkins - NO APPEARANCE. Defendants Atkins Specialty Services, Inc. and Atkins Services, Inc. - NO APPEARANCE. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
| Filing 17 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Lena, Tiffany) |
| SERVICE BY MAIL: #19 Order served on Jeffrey Atkins and Rhonda Atkins at 1085 Voyager Drive #330, Tehachapi, CA 93561. (Jessen, A) |
| Filing 16 ANSWER by Board of Trustees of the Kern County Electrical Journeyman and Apprenticeship Training Trust, Board of Trustees of the Kern County Electrical Workers' Health and Welfare Trust, Board of Trustees of the Kern County Electrical Workers' Pension Fund, Construction Benefits Administration, Inc..(Lena, Tiffany) |
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Filing 15
MINUTE ORDER (Text Only): Since Defendants have not yet made a formal appearance in this matter by filing an answer, the Court is unable to serve Defendants. Therefore, Plaintiff's counsel is directed to serve Defendants with a copy of the minute order filed on February 8, 2022 at Doc. 14 and this minute order. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/8/2022. (Valdez, E)
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Filing 14
MINUTE ORDER (Text Only): On February 8, 2022, the Court held a scheduling conference. The Court discussed that when an entity is named as a Defendant, the entity must have legal representation. At this time, the individually named Defendants are acting in pro se. Plaintiffs' counsel informed the Court that she has received an answer from the individual Defendants. Defendants informed the Court that the answer was also mailed to the Court. However, the answer is not reflected on the docket. Plaintiffs' counsel shall file the answer received on the docket. To allow time for the entity Defendants to seek representation, the Court sets a STATUS CONFERENCE on March 14, 2022, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall appear by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. The parties should be prepared to discuss the status of representation of the Defendant entities, selecting a scheduling conference date, and consent to magistrate jurisdiction. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/8/2022. (Valdez, E)
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| Filing 13 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Barbara A. McAuliffe on 2/8/2022: TELEPHONIC SCHEDULING CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Tiffany Lena appearing by telephone - present. Pro Se Defendants: Jeffrey Atkins and Rhonda Atkins appearing by telephone - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
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Filing 12
MINTUE ORDER (Text Only): Based on Defendants appearing in pro se in this matter, the parties shall appear at the scheduling conference set for February 8, 2022 at 8:30 AM by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. Counsel for Plaintiff is directed to contact Defendants and provide them with the dial-in information for attending the scheduling conference. If Plaintiff's counsel is unable to contact Defendants, counsel shall notify the Court no later than Monday February 7, 2022 at 12:00 PM. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/4/2022. (Valdez, E)
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| Filing 11 JOINT SCHEDULING REPORT by Board of Trustees of the Kern County Electrical Journeyman and Apprenticeship Training Trust, Board of Trustees of the Kern County Electrical Workers' Health and Welfare Trust, Board of Trustees of the Kern County Electrical Workers' Pension Fund, Construction Benefits Administration, Inc.. (Lena, Tiffany) |
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Filing 10
MINUTE ORDER (TEXT Only): Due to the temporary magistrate judge referral, the Scheduling Conference currently set for February 8, 2022 is HEREBY RESET to February 8, 2022 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference (see attached). The parties shall appear at the conference remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2022. (Valdez, E)
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| Filing 9 NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Barbara A. McAuliffe* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(BAM)* (Sant Agata, S) |
| Filing 8 SUMMONS RETURNED UNEXECUTED as to Jeffrey Atkins. (Lena, Tiffany) |
| Filing 7 SUMMONS RETURNED EXECUTED: Rhonda Atkins served on 12/9/2021, answer due 12/30/2021. (Lena, Tiffany) |
| Filing 6 SUMMONS RETURNED EXECUTED: Atkins Specialty Services, Inc. served on 12/9/2021, answer due 12/30/2021. (Lena, Tiffany) |
| Filing 5 SUMMONS RETURNED EXECUTED: Atkins Services, Inc. served on 12/9/2021, answer due 12/30/2021. (Lena, Tiffany) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 2/8/2022 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Consent Form, #3 VDRP) (Rivera, O) |
| Filing 3 SUMMONS ISSUED as to *Jeffrey Atkins, Rhonda Atkins, Atkins Services, Inc., Atkins Specialty Services, Inc.* with answer to complaint due within *21* days. Attorney *Tiffany Dawn Lena* *The Law Office Of Tiffany Lena* *1670 Sagewood Way* *San Marcos, CA 92078*. (Rivera, O) |
| PAYMENT for Civil Case filing fee in the amount of $ 402, receipt number ACAEDC-9929315. (Lena, Tiffany) |
| Filing 2 CLERK'S NOTICE to Attorney Tiffany Lena re #1 Complaint: Advance payment of the filing fee in the amount of $402.00 is required and should be submitted electronically using the event Paymentof Fees. Your case will not be filed until the fee is paid (Local Rule 121c). If you wish to pay with cash, check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents will be deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Sant Agata, S) |
| Filing 1 COMPLAINT 21-1042 against All Defendants by Board of Trustees of the Kern County Electrical Workers' Health and Welfare Trust, Construction Benefits Administration, Inc., Board of Trustees of the Kern County Electrical Workers Pension Fund, Board of Trustees of the Kern County Electrical Journeyman & Apprenticeship Training Trust. (Attachments: #1 Notice Notice of Related Case, #2 Civil Cover Sheet)(Lena, Tiffany) |
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