Construction Laborers Trust Funds for Southern California Administrative Company v. Fuentez
| Construction Laborers Trust Funds for Southern California Administrative Company |
| Jerry Michael Fuentez |
| 1:2024cv00466 |
| April 19, 2024 |
| US District Court for the Eastern District of California |
| Christopher D Baker |
| 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 April 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 CLERK'S NOTICE to All Attorneys Not Admitted to Practice in This Court: You are DIRECTED to register for admission to the Eastern District of California if you wish to file. Please visit PACER.gov for admission.(Marrujo, C) |
| Filing 21 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/16/2024 at 09:00 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 Appendix A(m), #2 Worksheet, #3 Consent Form, #4 VDRP) (Marrujo, C) |
| Filing 20 CASE TRANSFERRED IN from District of California Central; Case Number 2:23-cv-10218. |
| SERVICE BY MAIL: 22 Clerk's Notice of Docket Correction, #21 Civil New Case Documents for Magistrate as Presider, served on Michael Scott Barth. (Marrujo, C) |
Filing 19
ORDER TRANSFERRING CIVIL ACTION by Judge Fernando M. Olguin. The Clerk shall transfer this case forthwith to the United States District Court for the Eastern District of California. Case transferred electronically. (MD JS-6. Case Terminated.) (iv)[Transferred from cacd on 4/19/2024.]
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| Filing 18 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Judgment by Default #16 is taken off the 4/18/2024 calendar and placed under submission. No appearances are required on 4/18/2024. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 4/19/2024.] |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Scott Barth counsel for Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Adding Michael Barth as counsel of record for Construction Laborers Trust Funds for Southern California, a Delaware limited liability company, for the reason indicated in the G-123 Notice. Filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Attorney Michael Scott Barth added to party Construction Laborers Trust Funds for Southern California Administrative Company(pty:pla))(Barth, Michael) [Transferred from cacd on 4/19/2024.] |
| Filing 16 NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Jerry Michael Fuentez, an individual doing business as Kern County Custom Concrete filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Motion set for hearing on 4/18/2024 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities in Support of Plainttif's Motion for Default Judgment, #2 Declaration of Yvonne Higa in Support of Plaintiff's Motion for Judgment by Default, #3 Exhibit 1A - 2018 MLA (Monthly Contribution Requirement Provision), #4 Exhibit 1B - 2018 Notice to Contractors Regarding Hourly Rate Increases, #5 Exhibit 2 - 2018 MLA (Monthly Reporting Requirement Provision), #6 Exhibit 3 -2018 MLA (Subcontracting Violation Provision: Non-Signatory Entities), #7 Exhibit 4 - 2018 MLA (Subcontracting Violation Provision: Delinquent Entities), #8 Exhibit 5 - 2018 MLA (Audit Provision), #9 Exhibit 6 - 2018 MLA (Interest & Liquidated Damages Provisions), #10 Exhibit 7 - 2018 MLA (Attorney's Fees and Costs Provision), #11 Exhibit 8 - Laborers' Short Form Agreement for the Construction Industry Executed by Jerry Fuentez, #12 Exhibit 9 - Audit, #13 Exhibit 10 - Delinquency Itemization, #14 Declaration of Natalia Bautista in Support of Plaintiff's Motion for Judgment by Default, #15 Exhibit 1 - Affidavit of Defendant's Status of Military Service, #16 Exhibit 2 - Confirmation of filing Fee Payment, #17 Exhibit 3 - Service Fee for Service of Complaint, #18 Proposed Order (Proposed) Judgment Against Defendant) (Bautista, Natalia) [Transferred from cacd on 4/19/2024.] |
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Plaintiff shall file and serve a motion for default judgment no later than 2/27/2024, and notice it for hearing pursuant to the Local Rules. (vdr) [Transferred from cacd on 4/19/2024.]
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| Filing 14 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jerry Michael Fuentez, an individual dba Kern County Custom Concrete. (iv) [Transferred from cacd on 4/19/2024.] |
| Filing 13 REQUEST for Clerk to Enter Default against defendant Jerry Michael Fuentez filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. (Bautista, Natalia) [Transferred from cacd on 4/19/2024.] |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Peter A Hutchinson counsel for Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Peter A. Hutchinson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, LLC. (Hutchinson, Peter) [Transferred from cacd on 4/19/2024.] |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Natalia N Bautista counsel for Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company. Adding Natalia Bautista as counsel of record for CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC for the reason indicated in the G-123 Notice. Filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, LLC. (Attorney Natalia N Bautista added to party Construction Laborers Trust Funds for Southern California Administrative Company(pty:pla))(Bautista, Natalia) [Transferred from cacd on 4/19/2024.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, upon Defendant Jerry Michael Fuentez served on 1/18/2024, answer due 2/8/2024. Service of the Summons and Complaint were executed upon Ruben Tinoco-Co-occupant in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy (Hutchinson, Peter) [Transferred from cacd on 4/19/2024.] |
| Filing 9 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 [Transferred from cacd on 4/19/2024.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendant Jerry Michael Fuentez. (sh) [Transferred from cacd on 4/19/2024.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from cacd on 4/19/2024.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from cacd on 4/19/2024.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge John D. Early. (sh) [Transferred from cacd on 4/19/2024.] |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, A PLC, 330 North Brand Boulevard, Su, (Hutchinson, Peter) [Transferred from cacd on 4/19/2024.] |
| Filing 3 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 company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, A PLC, 330 North Brand Boulevard, Su. (Hutchinson, Peter) [Transferred from cacd on 4/19/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, A PLC, 330 North Brand Boulevard, Su. (Hutchinson, Peter) [Transferred from cacd on 4/19/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-36518622 - Fee: $405, filed by plaintiff Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, A PLC, 330 North Brand Boulevard, Su. (Attorney Peter A Hutchinson added to party Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited company, c/o Peter A. Hutchinson, Esq., REICH, ADELL & CVITAN, A PLC, 330 North Brand Boulevard, Su(pty:pla))(Hutchinson, Peter) [Transferred from cacd on 4/19/2024.] |
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| Plaintiff: Construction Laborers Trust Funds for Southern California Administrative Company | |
| Represented By: | Natalia Noemy Bautista |
| Represented By: | Alexander Bernard Cvitan |
| Represented By: | Melissa Padilla Lemus |
| Represented By: | Michael Scott Barth |
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| Defendant: Jerry Michael Fuentez | |
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