Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. C and C Concrete, Inc. et al
Filing
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ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/20/2012 11:00 AM. Show Cause Response due by 9/13/2012. (Mr. Woodall to serve on Defendants.). Signed by Judge Beeler on 08/01/2012. (JUDGE BEELER, COURT STAFF) (Filed on 8/2/2012)
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UNITED STATES DISTRICT COURT
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Northern District of California
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San Francisco Division
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For the Northern District of California
UNITED STATES DISTRICT COURT
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BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA et al.,
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Plaintiffs,
No. C 10-03343 LB
ORDER TO SHOW CAUSE AND
SETTING FURTHER CASE
MANAGEMENT CONFERENCE
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v.
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C AND C CONCRETE, INC., et al.,
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Defendants.
_____________________________________/
On July 29, 2010, Plaintiffs – the trustees of employee benefits plans for masons and other
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covered employees in the construction industry – filed a complaint against Defendants C and C
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Concrete, Inc. (“C and C Concrete”) and Jose R. Herrera, Jr. (collectively, “Defendants”), for failing
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to pay employee fringe benefits and make monthly reports in violation of the parties’ collective
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bargaining agreement, the trust agreements, and the Employee Retirement Income Security Act
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(“ERISA”). See Complaint, ECF No. 1 at 1-2, ¶ 1.1
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Defendants were represented by attorney Scott Woodall. The court subsequently granted Mr.
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Woodall’s motion to withdraw. See Order Granting Defendants’ Counsel’s Motion to Withdraw,
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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 10-03343 LB
ORDER
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ECF No. 66 at 1. In the order, the court noted that “corporations may not appear in federal court
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except through counsel,” see N.D. Cal. Civil Local Rule 3-9(b), and ordered C and C Concrete to
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file a substitution of counsel by June 29, 2012. Id. at 3. It also ordered Mr. Herrera to file either a
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notice of his intention to proceed pro se or a substitution of counsel by June 29, 2012. Id. Neither C
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and C Concrete nor Mr. Herrera filed anything.
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On July 31, 2012, and at Plaintiffs’ request, the court dismissed Mr. Herrera from the case based
on his bankruptcy discharge. See Notice of Discharge and Order, ECF No. 70.
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The court previously ordered C & C Concrete to appear in court on August 2, 2012, at 11:00
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a.m., to show cause why it failed to file a substitution of counsel. Order to Show Cause, ECF No. 67
26, 2012. Id. C & C Concrete did not file a response or appear in court as ordered on August 2,
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For the Northern District of California
at 2. It also ordered C & C Concrete to file a written response to the Order to Show Cause by July
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UNITED STATES DISTRICT COURT
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2012. Plaintiffs appeared through counsel
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Plaintiffs thus have asked the court to strike Defendant C & C Concrete’s Answer to the First
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Amended Complaint, thus allowing Plaintiffs to proceed in default against C & C Concrete. See
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Plaintiffs’ Case Management Conference Statement, ECF No. 68 at 3.
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Accordingly, no later than September 20, 2012 at 11 a.m., Defendant C & C Concrete shall show
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cause why its answer to the First Amended Complaint should not be stricken. If C & C Concrete’s
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answer is stricken, Plaintiffs then will be permitted to apply for entry of default judgment and
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default judgment against it.
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Although C & C Concrete may not appear except through counsel, for the limited purpose of
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responding to this order to show cause, C & C Concrete may submit the declaration of an authorized
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representative setting forth any efforts it has made to obtain counsel, and any reasons it may have
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that its answer should not be stricken. That must be filed by September 13, 2012. In the event that
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counsel for C & C Concrete enters an appearance on or before September 20, 2012, this order to
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show cause will be discharged automatically.
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Pursuant to the order permitting Mr. Woodall’s withdrawal and requiring him to continue to
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serve on Defendants all papers in this case, service of this order on Mr. Woodall shall constitute
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service on C & C Concrete, and Mr. Woodall shall make all reasonable efforts to ensure that C & C
C 10-03343 LB
ORDER
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Concrete receives actual notice of this order as promptly as possible. See Order, ECF No. 66 at 3
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(under circumstances of this case, particularly with regard to C & C Concrete, which cannot appear
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except through counsel, Mr. Woodall must serve on Defendants all papers until a substitution of
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counsel is filed).
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The court sets a further hearing for September 20, 2012, at 11 a.m.
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IT IS SO ORDERED.
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Dated: August 2, 2012
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_______________________________
LAUREL BEELER
United States Magistrate Judge
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For the Northern District of California
UNITED STATES DISTRICT COURT
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C 10-03343 LB
ORDER
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