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Operating Engineers' Health and Welfare Trust Fund et al v. C. Aparicio Cement Contractor, Inc. et al, No. 3:14-cv-02755 (N.D. Cal.)
Case Title: Operating Engineers' Health and Welfare Trust Fund et al v. C. Aparicio Cement Contractor, Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Northern District of California
Index Number(s): 3:2014cv2755, 3:14-cv-02755, 3:14-cv-02755-RS
Nature of Suit: Labor: E.R.I.S.A.
Judge: Richard Seeborg
Case Opened: June 13, 2014
Case Closed July 11, 2014
Docket Entries
Date Filed Dkt # Entry Text
Jun 13, 2014 1 COMPLAINT against All Defendants (Filing fee $ 400.00, receipt number 0971-8695345.). Filed by Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers' Health and Welfare Trust Fund, Operating Engineers and Participating Employers Pre Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Pensioned Operating Engineers' Health and Welfare Fund, Pension Trust Fund For Operating Engineers, Heavy and Highway Committee. (Attachments: # 1 Civil Cover Sheet)(Russell, Erica) (Filed on 6/13/2014) Modified on 6/16/2014 (gbaS, COURT STAFF). (Entered: 06/13/2014)
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Civil Cover Sheet
Jun 13, 2014 2 Proposed Summons. (Russell, Erica) (Filed on 6/13/2014) (Entered: 06/13/2014)
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Jun 13, 2014 3 Certificate of Interested Entities by Heavy and Highway Committee, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund re 1 Complaint,, (Russell, Erica) (Filed on 6/13/2014) (Entered: 06/13/2014)
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Jun 13, 2014 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Heavy and Highway Committee, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund.. (Russell, Erica) (Filed on 6/13/2014) (Entered: 06/13/2014)
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Jun 13, 2014 5 ***FILED IN ERROR PLEASE DISREGARD**** Case assigned to Magistrate Judge Kandis A. Westmore. 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. (sv, COURT STAFF) (Filed on 6/13/2014) Modified on 6/16/2014 (svS, COURT STAFF). (Entered: 06/13/2014)
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Jun 16, 2014 6 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. (sisS, COURT STAFF) (Filed on 6/16/2014) (Entered: 06/16/2014)
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Jun 16, 2014 7 Case assigned to Hon. Richard Seeborg. 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. (svS, COURT STAFF) (Filed on 6/16/2014) (Entered: 06/16/2014)
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Jun 16, 2014 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/4/2014. Case Management Conference set for 9/11/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Standing Order) (gbaS, COURT STAFF) (Filed on 6/16/2014) (Entered: 06/16/2014)
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Jun 16, 2014 9 Summons Issued as to Andrew John Aparicio, C. Aparicio Cement Contractor, Inc.. (gbaS, COURT STAFF) (Filed on 6/16/2014) (Entered: 06/16/2014)
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Jul 9, 2014 10 STIPULATION WITH PROPOSED ORDER Notice and Acknowledgment and Judgment Pursuant to Stipulation filed by Russell E. Burns, Heavy and Highway Committee, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund, Richard Piombo. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Russell, Erica) (Filed on 7/9/2014) (Entered: 07/09/2014)
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Jul 11, 2014 11 ORDER OF ACKNOWLEDGMENT AND JUDGMENT PURSUANT TO STIPULATION. Signed by Judge Richard Seeborg on 7/11/14. (cl, COURT STAFF) (Filed on 7/11/2014) (Entered: 07/11/2014)
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Aug 13, 2014 12 ABSTRACT of Judgment issued against defendant in the amount of $31,073.32 (gbaS, COURT STAFF) (Filed on 8/13/2014) (Entered: 08/18/2014)
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Aug 7, 2015 13 Declaration of Adrian L. Canzoneri IN SUPPORT OF ISSUANCE OF PROPOSED WRIT OF EXECUTION filed byRussell E. Burns, Heavy and Highway Committee, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund, Richard Piombo. (Attachments: # 1 Exhibit A-D)(Canzoneri, Adrian) (Filed on 8/7/2015) (Entered: 08/07/2015)
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Exhibit A-D
Aug 7, 2015 14 Writ of Execution Issued as to C. Aparicio Cement Contractor, Inc. in the amount of $26,638.89. (gbaS, COURT STAFF) (Filed on 8/7/2015) (Entered: 08/10/2015)
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Mar 18, 2016 15 Declaration of Matthew P. Minser in Support of Issuance of Proposed Writ of Execution filed byRussell E. Burns, Heavy and Highway Committee, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund, Richard Piombo. (Attachments: # 1 Exhibit A-D)(Minser, Matthew) (Filed on 3/18/2016) (Entered: 03/18/2016)
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Exhibit A-D
Mar 22, 2016 16 WRIT of Execution Returned Unsatisfied with added costs as to C. Aparicio Cement Contractor Inc. (gbaS, COURT STAFF) (Filed on 3/22/2016) (Entered: 03/22/2016)
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Mar 23, 2016 17 Writ of Execution Issued as to C. Aparicio Cement Contractor, Inc. in the amount of $38,214.87 on 3/23/16. (gbaS, COURT STAFF) (Filed on 3/23/2016) (Entered: 03/24/2016)
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May 9, 2016 18 WRIT of Execution Returned as to C. Aparicio Cement Contractor, Inc.. submitted by the US Marshals Service. (gbaS, COURT STAFF) (Filed on 5/9/2016) (Entered: 05/10/2016)
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Aug 16, 2016 19 Declaration of Matthew P. Minser in Support of Issuance of Proposed Writ of Execution filed byRussell E. Burns, Heavy and Highway Committee, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO, Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers' Health and Welfare Fund, Richard Piombo. (Attachments: # 1 Exhibit)(Minser, Matthew) (Filed on 8/16/2016) (Entered: 08/16/2016)
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Exhibit
Aug 16, 2016 20 Writ of Execution Issued as to Andrew John Aparicio, C. Aparicio Cement Contractor, Inc. in the amount of $52,159.89 on 8/16/16. (gbaS, COURT STAFF) (Filed on 8/16/2016) (Entered: 08/18/2016)
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