Operating Engineers Health And Welfare Trust Fund For Northern California et al v. Wimmer Excavating, Inc. et al
Plaintiff: Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Pensioned Operating Engineers Health And Welfare Trust Fund, James E. Murray, Heavy and Highway Committee, Dan Reding and Pension Trust Fund For Operating Engineers
Defendant: Wimmer Excavating, Inc., Terrence Wayne Wimmer and Valley Earthworks Inc.
Case Number: 3:2020cv08330
Filed: November 25, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Maxine M Chesney
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 Filing 15 CLERK'S NOTICE - FEBRUARY 26, 2021 INITIAL CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are directed to be on telephone stand-by from 10:30 AM until called by the Court.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 1/15/2021)
December 18, 2020 Filing 14 CERTIFICATE OF SERVICE by Heavy and Highway Committee, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding re #11 Case Management Scheduling Order, CORRECTION OF DOCKET #13 [x] (Shuldiner, Allan) (Filed on 12/18/2020)
December 18, 2020 Filing 13 CERTIFICATE OF SERVICE by Heavy and Highway Committee, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding re #11 Case Management Scheduling Order, (Shuldiner, Allan) (Filed on 12/18/2020)
December 17, 2020 Filing 12 SUMMONS Returned Executed by Heavy and Highway Committee, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding, Pension Trust Fund For Operating Engineers, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund. Terrence Wayne Wimmer served on 12/15/2020, answer due 1/5/2021; Wimmer Excavating, Inc. served on 12/15/2020, answer due 1/5/2021. (Shuldiner, Allan) (Filed on 12/17/2020)
December 9, 2020 Opinion or Order Filing 11 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 2/26/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 2/19/2021.. Signed by Judge Maxine M. Chesney on 12/9/2020. (tlS, COURT STAFF) (Filed on 12/9/2020)
December 7, 2020 Filing 10 Case Reassigned to Judge Maxine M. Chesney. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (mbcS, COURT STAFF) (Filed on 12/7/2020)
December 4, 2020 Opinion or Order Filing 9 RELATED CASE ORDER. Operating Engineers' Health and Welfare Trust Fund for Northern California, et al. v. Wimmer Excavating, Inc., et al., C 19-cv-06840, is related to Operating Engineers' Health and Welfare Trust Fund for Northern California, et al. v. Wimmer Excavating, Inc., et al., C 20-cv-8330 JSC. The Clerk of Court is instructed to reassign the later-filed action to the undersigned. Signed by Judge Maxine M. Chesney on December 4, 2020. (mmclc1, COURT STAFF) (Filed on 12/4/2020)
November 30, 2020 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Heavy and Highway Committee, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding.. (Shuldiner, Allan) (Filed on 11/30/2020)
November 27, 2020 Filing 7 Summons Issued as to Defendants Valley Earthworks Inc., Terrence Wayne Wimmer, Wimmer Excavating, Inc.. (tnS, COURT STAFF) (Filed on 11/27/2020)
November 27, 2020 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 2/18/2021. Initial Case Management Conference set for 2/25/2021 at 01:30 PM in San Francisco, Courtroom E, 15th Floor. (tnS, COURT STAFF) (Filed on 11/27/2020)
November 27, 2020 Filing 5 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 12/11/2020. (mbcS, COURT STAFF) (Filed on 11/27/2020)
November 25, 2020 Filing 4 Civil Cover Sheet by Heavy and Highway Committee, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding . (Shuldiner, Allan) (Filed on 11/25/2020)
November 25, 2020 Filing 3 Proposed Summons. (Shuldiner, Allan) (Filed on 11/25/2020)
November 25, 2020 Filing 2 CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO CIVIL LOCAL RULE 3-16 filed by Heavy and Highway Committee, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding (Shuldiner, Allan) (Filed on 11/25/2020)
November 25, 2020 Filing 1 COMPLAINT against Valley Earthworks Inc., Terrence Wayne Wimmer, Wimmer Excavating, Inc., (Filing Fee: $400.00, receipt number 0971-15241055). Filed by Heavy and Highway Committee, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding, Pension Trust Fund For Operating Engineers, James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund For Northern California, Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund. (Attachments: #1 Civil Cover Sheet)(Shuldiner, Allan) (Filed on 11/25/2020) Modified on 11/27/2020 (tnS, COURT STAFF).

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Plaintiff: Operating Engineers Local Union No. 3 Vacation, Holiday and Sick Pay Trust Fund
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: Operating Engineers Health And Welfare Trust Fund For Northern California
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: Pensioned Operating Engineers Health And Welfare Trust Fund
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: James E. Murray
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: Heavy and Highway Committee
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: Dan Reding
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Plaintiff: Pension Trust Fund For Operating Engineers
Represented By: Allan Darren Shuldiner
Represented By: Michele R. Stafford
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Defendant: Wimmer Excavating, Inc.
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Defendant: Terrence Wayne Wimmer
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Defendant: Valley Earthworks Inc.
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