District Council 16 Northern California Health and Welfare Trust Fund et al v. RBE Construction, Inc.
| John Maggiore, Joint Board of Trust Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Marian Bourboulis, District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Chris Christophersen and Bay Area Painters and Tapers Pension Trust Fund |
| RBE Construction, Inc. and RBE Construction, Inc. doing business as Slingshot Drywall |
| 4:2017cv03327 |
| June 8, 2017 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Donna M Ryu |
| 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 August 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 72 STIPULATED JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 8/6/2019. (ndrS, COURT STAFF) (Filed on 8/6/2019) |
| Filing 71 PROPOSED JUDGMENT PURSUANT TO STIPULATION filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore, and RBE Construction, Inc. (Minser, Matthew) (Filed on 8/5/2019) Modified on 8/6/2019 (jjbS, COURT STAFF). |
| Set Hearing as to #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint, See Docket No 70 : Motion Hearing set for 8/6/2019 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/9/2019) |
Filing 70
ORDER by Hon. Haywood S. Gilliam, Jr., SETTING the hearing on the pending #56 motion for summary judgment for August 6, 2019 at 3:00 p.m., to occur concurrently with the pretrial conference. The Court will vacate the hearing and pretrial deadlines if and only if the parties submit a stipulated dismissal. The Court will not grant any further requests to vacate deadlines, including the various pretrial deadlines. See Civil Pretrial and Trial Standing Order for Cases Before District Judge Haywood S. Gilliam, Jr., https://www.cand.uscourts.gov/filelibrary/1568/Civil-Pretrial-and-Trial-Standing-Order-02.21.pdf. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 7/9/2019)
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| Filing 69 Response re 68 Order by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 7/8/2019) Modified on 7/9/2019 (jjbS, COURT STAFF). |
| Set Deadline, See Docket No. 68 : Stipulated Dismissal or Stipulation and Proposed Order due by 7/8/2019. (ndrS, COURT STAFF) (Filed on 7/5/2019) |
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Filing 68
ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING the parties to submit by July 8, 2019 either a stipulated dismissal or a stipulation and proposed order to set for a hearing the pending #56 motion for summary judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 7/5/2019)
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Filing 67
ORDER by Judge Haywood S. Gilliam, Jr. Granting #65 REQUEST TO VACATE. (ndrS, COURT STAFF) (Filed on 6/20/2019)
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| Filing 66 PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION (re #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint ) filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF JANET DOMINGUEZ IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, #2 Declaration SUPPLEMENTAL DECLARATION OF MATTHEW P. MINSER IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT)(Minser, Matthew) (Filed on 6/19/2019) Modified on 6/20/2019 (ajsS, COURT STAFF). |
| Filing 65 MOTION AND NOTICE OF SETTLEMENT AND REQUEST TO VACATE; PROPOSED ORDER THEREON filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore and RBE Construction. Responses due by 7/2/2019. Replies due by 7/9/2019. (Minser, Matthew) (Filed on 6/18/2019) Modified on 6/19/2019 (ajsS, COURT STAFF). |
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Filing 64
Order granting #63 Motion to Continue entered by Judge Haywood S Gilliam, Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Reset Deadline as to #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint, See Docket No. 64 : Replies due by 6/19/2019. (ndrS, COURT STAFF) (Filed on 6/14/2019) |
| Filing 63 STIPULATION TO CONTINUE with Proposed Order for Deadline For Plaintiffs Reply To Defendants Opposition To Motion For Summary Judgment; filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore, and RBE Construction. (Minser, Matthew) (Filed on 6/13/2019) Modified on 6/14/2019 (ajsS, COURT STAFF). |
| Filing 62 DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO (re #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint ) filed by RBE Construction, Inc.. (Attachments: #1 Defendant's Objections to Evidence Submitted by Plaintiffs in Support of Motion for Summary Judgment/Adjudication, #2 Declaration Declaration of Roberto Elizondo in Opposition to Motion for Summary Judgment, #3 Exhibit Exhibit A to the Declaration of Roberto Elizondo, #4 Exhibit Exhibit B to the Declaration of Roberto Elizondo, #5 Exhibit Exhibit C to the Declaration of Roberto Elizondo, #6 Declaration Declaration of Wallace E. Smith in Opposition to Motion for Summary Judgment, #7 Exhibit Exhibit A to the Declaration of Wallace E. Smith, #8 Exhibit Exhibit B to the Declaration of Wallace E. Smith)(Smith, Wallace) (Filed on 6/7/2019) Modified on 6/10/2019 (ajsS, COURT STAFF). |
| Filing 61 Proposed Judgment re #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 5/28/2019) Modified on 5/29/2019 (ajsS, COURT STAFF). |
| (see dkt. #56 )Set/Reset Hearing as to #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint. Motion Hearing set for 6/27/2019 at 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. (cpS, COURT STAFF) (Filed on 5/28/2019) |
| #Electronic filing error. Supporting documents should be an attachment to the #56 Motion Re: #59 Declaration, #60 Declaration, #58 Declaration, #57 Declaration filed by B ay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John MaggioreNo action necessary at this time, however, Please comply for future filing.Also, each motion must be accompanied by a proposed order pursuant to Civil L.R. 7-2(c). Please submit a proposed order (cpS, COURT STAFF) (Filed on 5/28/2019) |
| Filing 60 Declaration of Coleen Christophersen in Support of #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint filed byBay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #56 ) (Minser, Matthew) (Filed on 5/24/2019) Modified on 5/28/2019 (cpS, COURT STAFF). |
| Filing 59 Declaration of Janet Dominguez in Support of #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint filed byBay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #56 ) (Minser, Matthew) (Filed on 5/24/2019) Modified on 5/28/2019 (cpS, COURT STAFF). |
| Filing 58 Declaration of Michele R. Stafford in Support of #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint filed byBay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Related document(s) #56 ) (Minser, Matthew) (Filed on 5/24/2019) Modified on 5/28/2019 (cpS, COURT STAFF). |
| Filing 57 Declaration of Robert Williams III in Support of #56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint filed byBay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #56 ) (Minser, Matthew) (Filed on 5/24/2019) Modified on 5/28/2019 (cpS, COURT STAFF). |
| Filing 56 MOTION for Summary Judgment or in the Alternative Summary Adjudication on Plaintiffs' Complaint ; Memorandum of Points and Authorities in Support Thereof filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. Responses due by 6/7/2019. Replies due by 6/14/2019. (Minser, Matthew) (Filed on 5/24/2019) Modified on 5/28/2019 (cpS, COURT STAFF). |
| Filing 55 Certification of ADR Session by Mediator Julia Campins: I hereby certify that the parties in this matter held a Mediation session on 3/18/2019 and follow up discussions were held on 4/16/2019. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 4/17/2019) |
| Filing 54 Certification of ADR Session by Mediator Julia Campins: I hereby certify that the parties in this matter held a Mediation session on 3/18/2019. The case did not settle. Further facilitated discussions are expected by 4/16/2019. Mediation process is ongoing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 3/26/2019) |
| Set/Reset Hearing Mediation Hearing held on 3/18/2019. (af, COURT STAFF) (Filed on 3/26/2019) |
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Filing 53
SCHEDULING ORDER: Close of Expert Discovery /Fact Discovery due by 5/18/2019; Motions due by 5/27/2019; Motion Hearing set for 6/27/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr..; Pretrial Conference set for 8/6/2019 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. and Bench Trial set for 8/29/2019 08:30 AM before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 2/11/2019. (ndrS, COURT STAFF) (Filed on 2/11/2019)
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Filing 52
ORDER by Judge Haywood S. Gilliam, Jr. Granting #51 Stipulation to Extend Mediation Completion Deadline to March 18, 2019.(ndrS, COURT STAFF) (Filed on 2/11/2019)
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| Filing 51 STIPULATION WITH PROPOSED ORDER to Extend Mediation Completion Deadline to March 18, 2019 filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore, and RBE Construction Inc. (Minser, Matthew) (Filed on 2/8/2019) Modified on 2/11/2019 (jjbS, COURT STAFF). Modified on 2/11/2019 (jjbS, COURT STAFF). |
| Filing 50 STIPULATION WITH PROPOSED ORDER re Case Management Statement filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore, and RBE Construction. (Minser, Matthew) (Filed on 2/8/2019) Modified on 2/11/2019 (jjbS, COURT STAFF). Modified on 2/11/2019 (jjbS, COURT STAFF). |
| Filing 49 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 2/5/2019. Total Time in Court: 10 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matthew Minser appearing via courcall. Defendant Attorney: Wallace Smith appearing via courcall. The parties are directed to meet and confer and e-file by February 8, 2019 two stipulations and proposed orders 1) setting a case schedule and 2) extending the deadline to complete mediation to the confirmed mediation date. The parties proposed case schedule should resolve the case by summer 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/5/2019) |
| Set Hearing, See Docket No. 48 : Telephone Conference set for 2/5/2019 03:00 PM in Oakland, Chambers before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 1/30/2019) |
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Filing 48
ORDER by Hon. Haywood S. Gilliam, Jr. SETTING a telephonic case management conference at 3:00 p.m. on February 5, 2019. The parties shall be prepared to discuss the status of mediation and setting a case schedule. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 1/30/2019)
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| Filing 47 Pre MED phone conference scheduled on 12/10/2018, at 11:00 AM. If you are not available, please let opposing counsel and mediator know alternative times within a week of this date when you are available. (af, COURT STAFF) (Filed on 12/7/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 46 ADR Clerk's Notice Appointing Julia Campins as Mediator. (af, COURT STAFF) (Filed on 12/4/2018) |
| Filing 45 ADR Remark: ADR Phone Conference held on 11/30/2018 by Howard Herman. (af, COURT STAFF) (Filed on 12/4/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 44
ORDER by Judge Haywood S. Gilliam, Jr. Granting #41 Stipulation to Extend Mediation Completion Deadline by 60 Days. (ndrS, COURT STAFF) (Filed on 11/19/2018)
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| Filing 43 ADR Clerk's Notice Setting ADR Phone Conference on Friday, November 30, 2018, at 4:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/16/2018) |
| Filing 42 ADR Clerk's Notice Vacating Appointment of Mediator James H. Fleming #25 . The ADR Unit will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 11/16/2018) |
| Filing 41 STIPULATION WITH PROPOSED ORDER to Extend Mediation Completion Deadline by 60 Days filed by RBE Construction, Inc., and all Plaintiffs. (Smith, Wallace) (Filed on 11/15/2018) Modified on 11/16/2018 (jjbS, COURT STAFF). |
| Filing 40 ADR Remark: Deadline to complete mediation was extended by 40 days to 11/19/18 #39 . (af, COURT STAFF) (Filed on 10/11/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 39
ORDER by Judge Haywood S. Gilliam, Jr. Granting #38 Joint Request to Extend Mediation Completion Deadline by 40 Days. (ndrS, COURT STAFF) (Filed on 10/10/2018)
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| Filing 38 Joint Request to Extend Mediation Completion Deadline by 40 Days; [Proposed] Order filed by RBE Construction, Inc., Marian Bourboulis, Chris Christophersen, District 16 Northern California Health and Welfare Trust Fund, District 16 Northern California Journeyman and Apprentice Training Trust Fund, District Counsel 16 of the International Union of Painters and Allied Trades, James H. Fleming, Joint Board of Trustees of the Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Counsel 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Counsel 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore, Bay Area Painters and Tapers Pension Trust Fund. (Smith, Wallace) (Filed on 10/3/2018) Modified on 10/4/2018 (cjlS, COURT STAFF). |
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Filing 37
ORDER by Judge Haywood S. Gilliam, Jr. Granting #36 Stipulation to Extend Mediation Completion Deadline by 50 Days. (ndrS, COURT STAFF) (Filed on 8/10/2018)
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| Filing 36 Joint Request to Extend Mediation Completion Deadline by 50 Days; [Proposed] Order filed by RBE Construction, Inc. and all Plaintiffs (Smith, Wallace) (Filed on 8/9/2018) Modified on 8/10/2018 (jjbS, COURT STAFF). |
| Filing 35 ADR Remark: Mediation deadline has been extended to August 20, 2018 #34 . (af, COURT STAFF) (Filed on 6/6/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 34
ORDER by Judge Haywood S. Gilliam, Jr. Granting #33 Motion to Continue Mediation Completion Deadline by 70 days. (ndrS, COURT STAFF) (Filed on 6/6/2018)
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| Filing 33 Joint MOTION to Continue Mediation Completion Deadline by 70 days; [Proposed] Order filed by RBE Construction, Inc. and all Plaintiffs. (Smith, Wallace) (Filed on 6/5/2018) Modified on 6/6/2018 (jjbS, COURT STAFF). |
| Filing 32 ADR Remark: Mediation deadline is extended to June 11, 2018 #31 . (af, COURT STAFF) (Filed on 3/13/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 31
ORDER by Judge Haywood S. Gilliam, Jr. Granting #30 Second Joint Request to Extend Mediation Completion Deadline by 80 Days. (ndrS, COURT STAFF) (Filed on 3/12/2018)
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| Filing 30 STIPULATION WITH PROPOSED ORDER Second Joint Request to Extend Mediation Completion Deadline by 80 Days filed by RBE Construction, Inc., Marian Bourboulis, Chris Christophersen, District Counsel 16 Northern California Health and Welfare Trust Fund, District Counsel 16 Northern California Journeyman and Apprentice Training Trust Fund, District Counsel 16 of the International Union of Painters and Allied Trades, James H. Fleming, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Smith, Wallace) (Filed on 3/9/2018) Modified on 3/12/2018 (cjlS, COURT STAFF). |
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Filing 29
ORDER by Judge Haywood S. Gilliam, Jr. Granting #27 Motion to Continue Mediation Completion Deadline by 60 Days. (ndrS, COURT STAFF) (Filed on 1/22/2018)
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| Filing 28 ADR Remark: The mediation set for January 22, 2018, has been taken OFF CALENDAR. (af, COURT STAFF) (Filed on 1/22/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 27 Joint MOTION to Continue Mediation Completion Deadline by 60 Days; Proposed Order Thereon filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 1/19/2018) Modified on 1/22/2018 (vlkS, COURT STAFF). |
| Set/Reset Hearing Mediation Hearing set for 1/22/2018 10:00 AM., at the offices of Squire Patton Boggs (US) LLP, 275 Battery St., Suite 2600, San Francisco, CA 94111. (af, COURT STAFF) (Filed on 12/5/2017) |
| Filing 26 Pre MED phone conference scheduled on November 29, 2017, at 3:00 PM. Mediator will place the call. Parties should contact Mediator's office as soon as possible if that date and time does not work and provide some alternatives. (af, COURT STAFF) (Filed on 11/21/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 25 ADR Clerk's Notice Appointing James H. Fleming as Mediator. (af, COURT STAFF) (Filed on 11/13/2017) |
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Filing 24
ORDER by Judge Haywood S. Gilliam, Jr. Granting #23 Stipulation Selecting Mediation. (ndrS, COURT STAFF) (Filed on 10/26/2017)
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| Filing 23 STIPULATION and Proposed Order selecting Mediation by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 10/25/2017) |
| Filing 22 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Initial Case Management Conference held on 10/24/2017. FTR Time: 2:03-2:11. Total Time in Court: 8 Minutes. Plaintiff Attorney: George Nemiroff. Defendant Attorney: Wallace Smith. The parties are directed to meet and confer and e-file a stipulation and proposed order selecting court-connected mediation as their ADR process. Parties are directed to e-file a notice on the docket informing the Court of the mediation date once it has been set. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 10/24/2017) |
| Filing 21 JOINT CASE MANAGEMENT STATEMENT filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 10/17/2017) |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by RBE Construction, Inc. (Smith, Wallace) (Filed on 10/17/2017) |
| Filing 19 ANSWER to Complaint byRBE Construction, Inc.. (Smith, Wallace) (Filed on 10/17/2017) |
| Filing 18 CERTIFICATE OF SERVICE by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore re #17 Order on Motion to Continue, (Minser, Matthew) (Filed on 10/2/2017) |
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Filing 17
ORDER by Judge Haywood S. Gilliam, Jr. Granting in part and denying in part #16 Motion to Continue Case Management Conference. Case Management Statement due by 10/17/2017; Case Management Conference set for 10/24/2017 02:00 PM. (ndrS, COURT STAFF) (Filed on 9/25/2017)
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| Filing 16 MOTION to Continue Case Management Conference; Proposed Order Thereon filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 9/25/2017) |
| Filing 15 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for October 3, 2017, will be held on that date before Judge Haywood S. Gilliam, Jr., at 1:30 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/13/2017) |
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Filing 14
ORDER by Judge Haywood S. Gilliam, Jr. Granting #12 Plaintiffs' Request to Continue Case Management Conference.Case Management Statement due by 9/26/2017; Case Management Conference set for 10/3/2017 02:00 PM. (ndrS, COURT STAFF) (Filed on 9/6/2017)
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| Filing 13 SUMMONS Returned Executed by Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, Chris Christophersen, Marian Bourboulis, Bay Area Painters and Tapers Pension Trust Fund, John Maggiore, District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund. RBE Construction, Inc. served on 8/29/2017, answer due 9/19/2017. (Minser, Matthew) (Filed on 9/5/2017) |
| Filing 12 MOTION to Continue Case Management Conference; Proposed Order Thereon filed by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore. (Minser, Matthew) (Filed on 9/5/2017) Modified on 9/6/2017 (vlkS, COURT STAFF). |
| Electronic filing error. Re: #11 ADR Certification. In future filings, please caption documents with the correct case number, 4:17-cv-3327 HSG. (vlkS, COURT STAFF) (Filed on 8/22/2017) |
| Filing 11 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Minser, Matthew) (Filed on 8/21/2017) |
| Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for September 12, 2017, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by September 5, 2017. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 6/13/2017) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Executive Committee on 6/13/2017. (jmlS, COURT STAFF) (Filed on 6/13/2017)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (vlkS, COURT STAFF) (Filed on 6/12/2017) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/30/2017. Initial Case Management Conference set for 9/6/2017 01:30 PM. (cpS, COURT STAFF) (Filed on 6/9/2017) |
| Filing 6 Summons Issued as to RBE Construction, Inc.. (cpS, COURT STAFF) (Filed on 6/9/2017) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore.. (Minser, Matthew) (Filed on 6/9/2017) |
| Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 6/22/2017. (haS, COURT STAFF) (Filed on 6/8/2017) |
| Filing 3 Proposed Summons. (Minser, Matthew) (Filed on 6/8/2017) |
| Filing 2 Certificate of Interested Entities by Bay Area Painters and Tapers Pension Trust Fund, Marian Bourboulis, Chris Christophersen, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, John Maggiore (Minser, Matthew) (Filed on 6/8/2017) |
| Filing 1 COMPLAINT against RBE Construction, Inc. ( Filing fee $ 400, receipt number 0971-11456762.). Filed byJoint Board of Trustees of the District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund, Chris Christophersen, Marian Bourboulis, Bay Area Painters and Tapers Pension Trust Fund, John Maggiore, District Council 16 Northern California Health and Welfare Trust Fund, Joint Board of Trustees of the District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Joint Board of Trustees of Bay Area Painters and Tapers Pension Trust Fund. (Attachments: #1 Civil Cover Sheet)(Minser, Matthew) (Filed on 6/8/2017) |
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