Free MOTION to Relate Case - District Court of California - California

Case 3:07-cv-02843-BZ Document 3 Filed 06/O4/2007 Page 1 of 3
1 Ronald L. Richman, SBN 139189
Joye Blanscett, SBN 191242 p
2 BULLIVANT HOUSER BAILEY PC
601 Califomia Street, Suite 1800
3 San Francisco, Califomia 94108
E-mail: [email protected]
4 E-mail: [email protected]
Telephone: 415.352.2700
5 Facsimile:415.352.2701
6 Attorneys for Plaintiffs
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10 SAN FRANCISCO DIVISION
H BOARD OF TRUSTEES OF THE CEMENT Case No.: C 07 2842 BZ
MASONS HEALTH AND WELFARE TRUS
12 FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
13 MASONS VACATION—HOLIDAY TRUST PLAINTIFFS’ ADMINISTRATIVE
FUND FOR NORTHERN CALIFORNIA; MOTION TO RELATE CASES
14 BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR Local Rule 3-12
15 NORTHERN CALIFORNIA; and BOARD OF A
TRUSTEES OF THE CEMENT MASONS
16 TRAINING TRUST FUND FOR NORTHERN
17 CALIFORNIA,
Plaintiffs,
18
vs.
19
NEIL JACKSON CONSTRUCTION, a
20 California company, formerly known as KM
JACKSON ENGINEERING, a California I
21 company; and NEIL JEFFERY JACKSON, an
Individual,
22
Defendants.
23
BOARD OF TRUSTEES OF THE Case No.: C 07 2843 JL
24 LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
25 CALIFORNIA; BOARD OF TRUSTEES OF
THE LABORERS VACATION-HOLIDAY
26 TRUST FUND FOR NORTHERN
CALIFORNIA; BOARD OF TRUSTEES OF
27 THE LABORERS PENSION TRUST FUND
FOR NORTHERN CALIFORNIA; and
28 BoARD or TRUSTEES or THE
LABORERS TRAINING AND RETRAINING
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PLAINTIFFS’ NOTICE OF RELATED CASES

Case 3:07-cv-02843-BZ Document 3 Filed 06/O4/2007 Page 2 of 3
1
2 TRUST FUND FOR NORTHERN I
CALIFORNIA,
3
4
Plaintiffs, F
5
vs.
6
NEIL JACKSON CONSTRUCTION, a
7 California company, formerly known as KM
JACKSON ENGINEERING, a California
8 company; and NEIL JEFFERY JACKSON, an
Individual,
9
Defendants.
10
11 Counsel for Plaintiffs in the two actions, identified above, hereby submits this
12 Administrative Motion to Relate Cases. Both cases are collection cases under 29 U.S.C.
I3 §§ 1132(a)(3) and 1132(e)(1) (§§ 502(a)(3) and 502(e)(1) of the Employee Retirement Income
14 Security Act of 1974, as amended), known as ERISA.
15 The first matter, entitled Board of Trustees of the Cement Masons Health and Welfare .
16 Trust Fund for Northern Califomia, et al. v. Neil Jackson Construction, A California company,
17 formerly known as KM Jackson Engineering, a California company; and Neil Jeffery Jackson,
. 18 an Individual, Case No. C 07 2842 BZ is a collection action brought by the Cement Masons
19 Trust Funds against defendants for failure of the defendants to submit employee fringe benefit
20 contributions on behalf of covered employees.
21 The second matter, Board of Trustees of the Laborers Health and Welfare Trust Fund for
22 Northern California, et al. v. Neil Jackson Construction, A Califomia company, formerly
23 known as KM Jackson Engineering, a Califomia company; and Neil Jeffery Jackson, an
24 Individual, Case No. C 07 2843 JL a collection action brought by the Laborers Trust Funds
25 against defendants for failure of the defendants to submit employee fringe benefit contributions
26 on behalf of covered employees. The issues in these two cases are identical as they concern the
27 obligation of the same defendants to pay into the two respective Trust Funds the employee
28 fringe benefit contributions due and owing on behalf of their covered employees.
6081238.1 — 2 —
U PLAINTIFFS’ NOTICE OF RELATED CASES

Case 3:07-cv-02843-BZ Document 3 Filed 06/O4/2007 Page 3 of 3
1 These cases will benefit by consolidation before a single judge. Consolidation will
2 eliminate duplicate proceedings against the same defendants. The two Trust Ftmds are located I
3 in the same building and share the same auditor and management of their respective collections
4 departments. The two Trust Funds are jointly administered. Consolidation of these two cases
5 will promote efficiency in the use of testimony and exhibits prepared by plaintiffs Trust Funds. I
6 If the matters are not consolidated, this will result in a waste of judicial resources by requiring a
7 duplication of hearings and motions before two separate judges. Consolidation will result in the
8 uniform application of damages against the defendants.
9 Based on the foregoing, the respective Trust Funds request that these cases be
10 consolidated.
11 DATED: June 4, 2007 `
12 BULLIVANT HOUSER BAILEY PC
13
14 By Z &
Ronald L. Richman
15 Attorneys for Plaintiffs l
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20 I
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6081238.1 — 3 —
Q PLAINTIFFS’ NOTICE OF RELATED CASES

Case 3:07-cv-02843-BZ

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