Board of Trustees of IBEW Local 100 Pension Trust Fund et al v. Trinity Construction Enterprises, Inc.
| Board of Trustees of IBEW Local 100 Pension Trust Fund, Board of Trustees of Joint Electrical Industry Training Trust Fund, Board of Trustees of NECA/IBEW Family Medical Care Trust Fund and Board of Trustees of National Electrical Benefit Fund |
| Trinity Construction Enterprises, Inc. Doing business as Trinity Power |
| 1:2023cv01048 |
| July 13, 2023 |
| US District Court for the Eastern District of California |
| No District Court Judge |
| Ana de Alba |
| Barbara A McAuliffe |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 JOINT SCHEDULING REPORT filed by Board of Trustees of IBEW Local 100 Pension Trust Fund, Board of Trustees of Joint Electrical Industry Training Trust Fund, Board of Trustees of NECA/IBEW Family Medical Care Trust Fund, Board of Trustees of National Electrical Benefit Fund. (Chiu, Henry) |
Filing 20
ORDER by Chief Judge Kimberly J. Mueller: Due to the elevation of U.S. District Judge Ana I. de Alba to the Ninth Circuit Court of Appeals, the court finds it necessary to temporarily reassign this case to No District Court Judge (NODJ) until a new district judge is appointed. (Xiong, J.)
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Filing 19
MINUTE ORDER (TEXT Only): Due to the press of business, the Scheduling Conference set for December 13, 2023, is continued to December 21, 2023, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. 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 is required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2023. (Valdez, E)
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| Filing 18 INITIAL DISCLOSURES pursuant to FRCP 26(a)(1) by Trinity Construction Enterprises, Inc.. (Hamamjian, Charles) |
| Filing 17 ANSWER by Trinity Construction Enterprises, Inc..(Hamamjian, Charles) |
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Filing 16
MINUTE ORDER (TEXT Only): On October 12, 2023, the Court convened a Scheduling Conference. The Court and parties discussed bifurcation of the issue of whether a valid contract exists, scheduling this action, and the status of settlement negotiations. As discussed at the conference, initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) shall be completed by October 27, 2023. To allow the parties additional time to engage in settlement discussions, the Scheduling Conference is CONTINUED to December 13, 2023, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Prior to the conference, the parties shall meet and confer on proposed dates limited to the bifurcated issue of whether a valid contract exists. The parties shall file an Amended Joint Scheduling Report with proposed dates for the Court's consideration no later than December 6, 2023. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. The parties shall appear at the conference remotely with each party connecting 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 10/12/2023. (Valdez, E)
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| Filing 15 MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 10/12/2023: SCHEDULING CONFERENCE - not held. Order to follow. Plaintiffs' Counsel Henry Chiu appeared by Zoom telephone - present. Defendant's Counsel Charles Hamamjian appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E) |
| Filing 14 JOINT SCHEDULING REPORT filed by Board of Trustees of IBEW Local 100 Pension Trust Fund, Board of Trustees of Joint Electrical Industry Training Trust Fund, Board of Trustees of NECA/IBEW Family Medical Care Trust Fund, Board of Trustees of National Electrical Benefit Fund. (Chiu, Henry) |
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Filing 13
MINUTE ORDER signed by District Judge Ana de Alba on 10/5/2023: (Text Only Entry) On October 4, 2023, the parties filed a #12 stipulation to extend time for Plaintiffs to file a motion to strike. Good cause appearing, the Court hereby grants the parties' #12 stipulation. Accordingly, if the parties are unable to resolve their disagreement, Plaintiffs may file a motion to strike no later than October 19, 2023. (Hernandez, M)
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| Filing 12 STIPULATION and PROPOSED ORDER for Extension of Time for Plaintiffs to File Motion to Strike re #10 MOTION to STRIKE Affirmative Defenses re #6 Answer to Complaint. by Board of Trustees of IBEW Local 100 Pension Trust Fund, Board of Trustees of Joint Electrical Industry Training Trust Fund, Board of Trustees of NECA/IBEW Family Medical Care Trust Fund, Board of Trustees of National Electrical Benefit Fund. (Chiu, Henry) |
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Filing 11
MINUTE ORDER signed by District Judge Ana de Alba on 10/3/2023: (Text Only Entry) On September 29, 2023, Plaintiffs filed a #10 motion to strike. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. See E.D. Cal. S.O. J. de Alba at 2. The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." Id. The #10 motion to strike contains no declaration regarding efforts to meet and confer and is, therefore, denied without prejudice. If, after meeting and conferring, Plaintiffs still wish to file a motion to strike, that motion shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions prior to filing any motions.(Hernandez, M)
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| Filing 10 MOTION to STRIKE Affirmative Defenses re #6 Answer to Complaint. by Board of Trustees of IBEW Local 100 Pension Trust Fund, Board of Trustees of Joint Electrical Industry Training Trust Fund, Board of Trustees of NECA/IBEW Family Medical Care Trust Fund, Board of Trustees of National Electrical Benefit Fund. Motion Hearing set for 11/17/2023 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Memorandum of Points and Authorities in Support)(Chiu, Henry) |
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Filing 9
MINUTE ORDER (TEXT Only): The parties shall appear at the SCHEDULING CONFERENCE currently set for October 12, 2023, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall 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 9/27/2023. (Valdez, E)
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| Filing 8 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. (Hamamjian, Charles) |
| Filing 7 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. (Chiu, Henry) |
| Filing 6 ANSWER by Trinity Construction Enterprises, Inc.. Attorney Hamamjian, Charles Paul added.(Hamamjian, Charles) |
| Filing 5 NOTICE of Extension of Time to Respond to Complaint by All Plaintiffs re #1 Complaint,. (Chiu, Henry) |
| Filing 4 SUMMONS RETURNED EXECUTED: Trinity Construction Enterprises, Inc. served on 7/17/2023, answer due 8/7/2023. (Chiu, Henry) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/12/2023 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Sant Agata, S) |
| Filing 2 SUMMONS ISSUED as to *Trinity Construction Enterprises, Inc.* with answer to complaint due within *21* days. Attorney *Henry Y. Chiu* *7110 N. Fresno St.* *Suite 400* *Fresno, CA 93720*. (Sant Agata, S) |
| Filing 1 COMPLAINT against All Defendants by Board of Trustees of National Electrical Benefit Fund, Board of Trustees of IBEW Local 100 Pension Trust Fund, BOARD OF TRUSTEES OF NECA/IBEW FAMILY MEDICAL CARE TRUST FUND, Board of Trustees of Joint Electrical Industry Training Trust Fund. Attorney Chiu, Henry Y. added. (Filing fee $ 402, receipt number BCAEDC-10960495) (Attachments: #1 Civil Cover Sheet)(Chiu, Henry) |
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| Plaintiff: Board of Trustees of IBEW Local 100 Pension Trust Fund | |
| Represented By: | Henry Y. Chiu |
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| Plaintiff: Board of Trustees of Joint Electrical Industry Training Trust Fund | |
| Represented By: | Henry Y. Chiu |
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| Plaintiff: Board of Trustees of NECA/IBEW Family Medical Care Trust Fund | |
| Represented By: | Henry Y. Chiu |
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| Plaintiff: Board of Trustees of National Electrical Benefit Fund | |
| Represented By: | Henry Y. Chiu |
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| Defendant: Trinity Construction Enterprises, Inc. Doing business as Trinity Power | |
| Represented By: | Charles Paul Hamamjian |
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