Sheet Metal Workers Pension Trust of Northern California et al v. FSI et al
| Sheet Metal Workers Pension Trust of Northern California, 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, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Rick Werner and Sean O'Donoghue |
| FSI, Leonard Ansel Foust and Brian Scott Foust |
| 3:2021cv07079 |
| September 13, 2021 |
| US 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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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 CLERK'S NOTICE Pursuant to the Notice of Automatic Stay #35 , the Judgment Debtor Exam of Brian Scott Foust, set for 10/20/2023 at 9:30 AM by Zoom video conference is taken off calendar. Plaintiffs will notify the Court when the stay ends. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 10/13/2023) |
| Filing 35 NOTICE by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner NOTICE RE AUTOMATIC STAY (Attachments: #1 Exhibit A)(Do, Tino) (Filed on 10/6/2023) |
| Filing 34 CERTIFICATE OF SERVICE re #33 Order by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner (Do, Tino) (Filed on 9/6/2023) Modified on 9/6/2023 (mcl, COURT STAFF). |
| #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #34 Certificate of Service, filed by Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Health Care Trust, Rick Werner, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sean O'Donoghue. (mcl, COURT STAFF) (Filed on 9/6/2023) |
Filing 33
ORDER. Signed 8/3/2023 by Magistrate Judge Joseph C. Spero granting #30 Motion for Judgment Debtor Exam of Brian Scott Foust. Judgment Debtor Exam set for 10/20/2023 09:30 AM in San Francisco, - Videoconference Only. (klh, COURT STAFF) (Filed on 8/3/2023)
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| Set/Reset Hearing re #33 Order on Motion for Judgment Debtor Exam of Brian Scott Foust. Judgment Debtor Exam of Brian Scott Foust set for 10/20/2023 at 9:30 AM by Zoom video. 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 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 8/3/2023) |
| Filing 32 Proposed Order re #30 MOTION for Judgment Debtor Exam , #31 Declaration in Support,, by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 7/31/2023) |
| Filing 31 Declaration of Tino X. Do in Support of #30 MOTION for Judgment Debtor Exam filed bySean 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #30 ) (Do, Tino) (Filed on 7/31/2023) |
| Filing 30 MOTION for Judgment Debtor Exam filed by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. Responses due by 8/14/2023. Replies due by 8/21/2023. (Do, Tino) (Filed on 7/31/2023) |
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Filing 29
Order. Signed 3/31/2023 by Magistrate Judge Joseph C. Spero granting #28 Motion to Vacate Debtor's Examination of Judgment Debtor Brian Scott Foust.(klh, COURT STAFF) (Filed on 3/31/2023)
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| Filing 28 MOTION PLAINTIFFS REQUEST TO VACATE DEBTORS EXAMINATION OF JUDGMENT DEBTOR BRIAN SCOTT FOUST filed by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. Responses due by 4/13/2023. Replies due by 4/20/2023. (Do, Tino) (Filed on 3/30/2023) |
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Filing 27
Order. Signed 3/14/2023 by Magistrate Judge Joseph C. Spero granting #23 Motion for Judgment Debtor Exam of Brian Scott Foust. Judgment Debtor Exam set for 4/28/2023 09:30 AM in San Francisco, - Videoconference Only. This proceeding will be held by Zoom Webinar. (klh, COURT STAFF) (Filed on 3/14/2023)
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| Filing 26 Proposed Order re #25 Proposed Order, #24 Declaration in Support,, #23 MOTION for Judgment Debtor Exam by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 3/14/2023) |
| Filing 25 * PLEASE DISREGARD. CONTAINS INCORRECT ZOOM INFORMATION * Proposed Order re #24 Declaration in Support,, #23 MOTION for Judgment Debtor Exam by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 3/13/2023) Modified on 3/14/2023 (klh, COURT STAFF). |
| Filing 24 Declaration of Tino X. Do in Support of #23 MOTION for Judgment Debtor Exam filed bySean 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #23 ) (Do, Tino) (Filed on 3/13/2023) |
| Filing 23 MOTION for Judgment Debtor Exam filed by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. Responses due by 3/27/2023. Replies due by 4/3/2023. (Do, Tino) (Filed on 3/13/2023) |
| Filing 22 WRIT of Execution issued against FSI and Brian Scott Foust in the amount of $63,593.20. (mcl, COURT STAFF) (Filed on 3/8/2023) |
| Filing 21 Proposed Writ re Electronic Filing Error,, by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 3/7/2023) |
| #Electronic filing error. This filing will not be processed by the clerks office. Please resubmit the proposed Writ of Execution without an amount in Item 17, Fee for Issuance. The Clerk does not charge this fee. Re: #19 Proposed Writ, filed by Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Health Care Trust, Rick Werner, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sean O'Donoghue. (mcl, COURT STAFF) (Filed on 3/7/2023) |
| Filing 20 Declaration of Tino X. Do in Support of #19 Proposed Writ, filed bySean 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #19 ) (Do, Tino) (Filed on 3/6/2023) |
| Filing 19 Proposed Writ by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 3/6/2023) |
| Filing 18 PARTIAL SATISFACTION OF JUDGMENT by plaintiffs. (mcl, COURT STAFF) (Filed on 1/23/2023) |
| Filing 17 ABSTRACT of Judgment issued against FSI and Brian Scott Foust in the amount of $300,660.37 (mcl, COURT STAFF) (Filed on 5/5/2022) |
| Filing 16 Proposed Abstract of Judgment by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 5/4/2022) |
| Filing 15 WRIT of Execution issued against FSI and Brian Scott Foust in the amount of $328,366.00 (mcl, COURT STAFF) (Filed on 3/25/2022) |
| Filing 14 Declaration of Tino X. Do in Support of #13 Proposed Writ, filed bySean 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #13 ) (Do, Tino) (Filed on 3/24/2022) |
| Filing 13 Proposed Writ by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 3/24/2022) |
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Filing 12
Order. Signed 10/15/2021 by Chief Magistrate Judge Joseph C. Spero granting #10 Judgment Pursuant to Stipulation.(klhS, COURT STAFF) (Filed on 10/15/2021)
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| Filing 11 NOTICE of Voluntary Dismissal OF DEFENDANT LEONARD ANSEL FOUST by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner (Do, Tino) (Filed on 10/15/2021) |
| Filing 10 JUDGMENT PURSUANT TO STIPULATION filed by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 10/14/2021) Modified on 10/15/2021 (jlgS, COURT STAFF). |
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Filing 9
ORDER by Judge Joseph C. Spero denying #8 Stipulation without prejudice. (jcslc1S, COURT STAFF) (Filed on 9/29/2021)
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| Filing 8 STIPULATION WITH PROPOSED ORDER JUDGMENT PURSUANT TO STIPULATION filed by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner. (Do, Tino) (Filed on 9/29/2021) |
| Filing 7 Summons Issued as to FSI, Brian Scott Foust, Leonard Ansel Foust. (slhS, COURT STAFF) (Filed on 9/14/2021) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/10/2021. Initial Case Management Conference set for 12/17/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 9/14/2021) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner.. (Do, Tino) (Filed on 9/13/2021) |
| 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 9/27/2021. (haS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 3 Certificate of Interested Entities by 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, Sheet Metal Workers Pension Trust of Northern California, Rick Werner (Do, Tino) (Filed on 9/13/2021) |
| Filing 2 Proposed Summons. (Do, Tino) (Filed on 9/13/2021) |
| Filing 1 COMPLAINT against FSI, Brian Scott Foust, Leonard Ansel Foust ( Filing fee $ 402, receipt number 0971-16384725.). Filed byRick Werner, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sean O'Donoghue, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund. (Attachments: #1 Civil Cover Sheet)(Do, Tino) (Filed on 9/13/2021) |
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