Opinion
3:24-cv-03427-LJC
08-30-2024
BOARD OF TRUSTEES OF THE CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE CEMENT MASONS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE CEMENT MASONS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE CEMENT MASONS TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiffs, v. MERCOZA, a California corporation, Defendant.
Ronald L. Richman (SBN 139189) Tracy L. Mainguy (SBN 176928) BULLIVANT HOUSER BAILEY PC Attorneys for Plaintiffs
Ronald L. Richman (SBN 139189)
Tracy L. Mainguy (SBN 176928)
BULLIVANT HOUSER BAILEY PC
Attorneys for Plaintiffs
CASE MANAGEMENT CONFERENCE STATEMENT; ORDER AS MODIFIED THEREON
HON. LISA J. CISNEROS, UNITED STATES MAGISTRATE JUDGE
On June 7, 2024, plaintiffs filed their Complaint for Breach of Collective Bargaining Agreement; To Recover Trust Fund Contributions; and For A Mandatory Injunction. [Dkt. 1]. The summons was issued on July 2, 2024. [Dkt. 8].
Plaintiffs have and continue to make attempts to serve defendant Mercoza. At the time of the filing of the complaint, Mercoza identified, on the California Secretary of State Website, through its Statement of Information, that the location for service of its Agent for Service of Process, and owner, CEO, CFO, Jasan A. Duran Martinez, was 2001 Omega Road, 215, San Ramon, California 94583. Attempts at service at this location failed.
On August 17, 2024, Mercoza filed its Statement of Information, identifying the location for service of its Agent for Service of Process, and owner, CEO, CFO, Jasan A. Duran Martinez, was now at 1111 Broadway, Suite 300, Oakland, California 94607. Plaintiffs have made, and continue to make efforts, to serve defendant at this location. Plaintiffs have retained the services of a private investigation firm to help locate and serve the Agent for Service of Process.
Based on the above, plaintiffs respectfully request that the Court continue the September 5, 2024, case management conference for forty-five (45) days to allow plaintiffs to effectuate service and provide time for defendant to file a responsive pleading.
ORDER AS MODIFIED
Based on the plaintiffs' request to continue the case management conference and good cause appearing, IT IS HEREBY ORDERED that the case management conference be continued to Nov. 7, 2024 at 1:30 p.m., Courtroom G, 15th Floor, San Francisco Courthouse, 450 Golden Gate Ave, SF, CA, via Zoom Videoconference. The parties or Plaintiffs if defendant has not made an appearance, shall file an updated case management conference statement no later than seven (7) days prior to the continued case management conference.
Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the Court finds good cause to extend the deadline for service of the complaint from September 5, 2024 to October 30, 2024.