Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California et al v. Delcon Heating and Air Conditioning
| Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 Health Care Trust, Trustee Rick Werner, Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sean O'Donoghue and Trustee Sean O'Donoghue |
| Delcon Heating and Air Conditioning |
| 3:2020cv03397 |
| May 19, 2020 |
| U.S. District Court for the Northern District of California |
| Joseph C Spero |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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| Filing 30 CLERK'S NOTICE VACATING Initial Case Mgmt Conference set for 08/20/2021 at 2:00 PM before Chief Magistrate Judge Joseph C. Spero. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 6/16/2021) |
Filing 29
Order. Signed 6/16/2021 by Chief Magistrate Judge Joseph C. Spero granting #28 Judgment Pursuant to Stipulation.(klhS, COURT STAFF) (Filed on 6/16/2021)
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| Filing 28 STIPULATION WITH PROPOSED ORDER Judgment Pursuant To Stipulation filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Attachments: #1 Signature Page (Declarations/Stipulations))(Panto, Arcolina) (Filed on 6/16/2021) |
| Filing 27 CERTIFICATE OF SERVICE by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner re #26 Order on Motion to Continue, (Do, Tino) (Filed on 5/18/2021) |
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Filing 26
Order. Signed 5/10/2021 by Chief Magistrate Judge Joseph C. Spero granting #25 Motion to Continue Case Management Conference. Case Management Statement due by 8/13/2021. Initial Case Management Conference set for 8/20/2021 02:00 PM in San Francisco, - Videoconference Only.This proceeding will be by Zoom Webinar. (klhS, COURT STAFF) (Filed on 5/10/2021)
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| Filing 25 MOTION to Continue Case Management Conference; [Proposed] Order Thereon filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Panto, Arcolina) (Filed on 5/7/2021) |
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Filing 24
Order. Signed 3/11/2021 by Chief Magistrate Judge Joseph C. Spero granting #23 Motion to Continue Case Management Conference.(klhS, COURT STAFF) (Filed on 3/11/2021)
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| Set Deadlines/Hearings: See Order #24 . Case Management Statement due by 5/14/2021. Initial Case Management Conference set for 5/21/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted a ccess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klhS, COURT STAFF) (Filed on 3/11/2021) |
| Filing 23 MOTION to Continue Case Management Conference; [Proposed] Order Thereon filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Minser, Matthew) (Filed on 3/10/2021) |
| Filing 22 NOTICE of Change In Counsel by Matthew Parsa Minser (Minser, Matthew) (Filed on 1/20/2021) |
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Filing 21
ORDER, signed 1/8/2021, by Chief Judge Joseph C. Spero granting #20 Motion to Continue Case Management Conference. (klhS, COURT STAFF) (Filed on 1/8/2021)
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| Set Deadlines/Hearings: See Order #21 . Case Management Statement due by 3/12/2021. Initial Case Management Conference set for 3/19/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted a ccess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klhS, COURT STAFF) (Filed on 1/8/2021) |
| Filing 20 MOTION to Continue Case Management Conference; [Proposed] Order Thereon filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Minser, Matthew) (Filed on 1/7/2021) |
| Filing 19 CERTIFICATE OF SERVICE by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner re #18 Order on Motion to Continue, (Melgar, Jessica) (Filed on 10/8/2020) |
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Filing 18
ORDER, signed 10/8/2020, by Chief Magistrate Judge Joseph C. Spero granting #17 Motion to Continue Case Management Conference. Case Management Statement due by 1/8/2021. Initial Case Management Conference, by Zoom, set for 1/15/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (klhS, COURT STAFF) (Filed on 10/8/2020)
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| Filing 17 MOTION to Continue Case Management Conference; [Proposed] Order Thereon filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Melgar, Jessica) (Filed on 10/7/2020) |
| Filing 16 CLERK'S NOTICE: Initial Case Management Conference set for 10/16/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to JCScrd@cand.uscourts.gov by no later than October 14, 2020 at 3 p.m.. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 10/16/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ecS, COURT STAFF) (Filed on 8/17/2020) |
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Filing 15
Order by Chief Magistrate Judge Joseph C. Spero granting #13 Motion to Continue Initial Case Management Conference CONTINUED to 10/16/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. Case Management Statement due by 10/9/2020.(ecS, COURT STAFF) (Filed on 8/17/2020)
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| Filing 14 CERTIFICATE OF SERVICE by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner re 12 Clerk's Notice of Entry of Default, (Melgar, Jessica) (Filed on 8/14/2020) |
| Filing 13 MOTION to Continue Case Management Conference; [Proposed] Order Thereon filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Melgar, Jessica) (Filed on 8/14/2020) |
| Filing 12 Clerk's Notice ENTRY OF DEFAULT as to defendant Delcon Heating and Air Conditioning on August 14, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #11 ) (gbaS, COURT STAFF) (Filed on 8/14/2020) |
| Filing 11 MOTION for Entry of Default filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Melgar, Jessica) (Filed on 8/12/2020) |
| Filing 10 CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 8/21/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to JCSCRD@cand.uscourts.gov by no later than August 14, by 3 p.m. PDT. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 8/21/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.).(ecS, COURT STAFF) (Filed on 8/4/2020) |
| Filing 9 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Melgar, Jessica) (Filed on 7/31/2020) |
| Filing 8 SUMMONS Returned Executed by Rick Werner, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sean O'Donoghue, Sheet Metal Workers Local 104 Health Care Trust, Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund. Delcon Heating and Air Conditioning served on 6/3/2020, answer due 6/24/2020. (Melgar, Jessica) (Filed on 6/15/2020) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner.. (Melgar, Jessica) (Filed on 5/29/2020) |
| Filing 6 Summons Issued as to Delcon Heating and Air Conditioning. (gbaS, COURT STAFF) (Filed on 5/22/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/14/2020. Initial Case Management Conference set for 8/21/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (gbaS, COURT STAFF) (Filed on 5/22/2020) |
| Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/2/2020. (haS, COURT STAFF) (Filed on 5/19/2020) |
| Filing 3 Certificate of Interested Entities by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner re #1 Complaint,, #2 Proposed Summons (Melgar, Jessica) (Filed on 5/19/2020) |
| Filing 2 Proposed Summons. (Melgar, Jessica) (Filed on 5/19/2020) |
| Filing 1 COMPLAINT against Delcon Heating and Air Conditioning (Filing fee $ 400.00, receipt number 0971-14486266.). Filed by Rick Werner, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sean O'Donoghue, Sheet Metal Workers Local 104 Health Care Trust, Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund. (Attachments: #1 Civil Cover Sheet) (Melgar, Jessica) (Filed on 5/19/2020) Modified on 5/22/2020 (gbaS, COURT STAFF). |
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