Trustees of the Operating Engineers Pension Trust et al v. C.E.S.M., Inc.
| California Central District Court | |
| Judge: | Consuelo B Marshall |
| Referred: | Jean P Rosenbluth |
| Case #: | 2:17-cv-02133 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1145 E.R.I.S.A. |
| Case Filed: | Mar 17, 2017 |
| Terminated: | Aug 02, 2017 |
| Last checked: Wednesday Sep 13, 2017 2:49 AM PDT |
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Defendant
C.E.S.M., Inc.
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Plaintiff
Trustees of the Operating Engineers Health and Welfare Fund
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Represented By
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Plaintiff
Trustees of the Operating Engineers Pension Trust
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Represented By
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Plaintiff
Trustees of the Operating Engineers Vacation-Holiday Savings Trust
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Represented By
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Plaintiff
Trustees of the Southern California Surveyors Joint Apprenticeship Trust
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Represented By
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| Docket last updated: 04/23/2024 11:59 PM PDT |
| Thursday, June 14, 2018 | ||
| 40 | 40
misc
Writ of Execution - Issued
Thu 06/14 9:49 AM
Alias Writ of Execution issued against C.E.S.M., Inc. re: Affidavit and Request for Issuance of Writ of Execution,39 . (bm) |
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| Wednesday, June 13, 2018 | ||
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misc
Affidavit and Request for Issuance of Writ of Execution
Wed 06/13 2:57 PM
Affidavit and Request for Issuance of Writ of Execution re: Default Judgment,,20 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust.(Lovelace, Susan) |
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Att: 1
Writ of Execution [Alias]
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| Thursday, November 30, 2017 | ||
| 38 | 38
service
USM-285 Service of non-complaint documents - Executed
Mon 12/04 10:21 AM
PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued28 , returned executed upon C.E.S.M., Inc. on 11/13/2017. Remarks: Bank Levy - Notice of Levy, Memorandum of Garnishee, Writ of Garnishment served upon Chase Bank by serving Jessica Buchanan, Manager by personal service. (shb) |
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| 37 | 37
service
USM-285 Service of non-complaint documents - Executed
Mon 12/04 10:02 AM
PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued28 , returned executed upon C.E.S.M., Inc. on 11/13/2017. Remarks: NOTICE OF LEVY; MEMORANDUM OF GARNISHEE; WRIT OF EXECUTION served upon W. A. Rasic Construction Company Inc by serving Zorkita Paschall, Office Manager. (shb) |
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service
USM-285 Service of non-complaint documents - Executed
Mon 12/04 9:55 AM
PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued28 , returned executed upon C.E.S.M., Inc. on 11/13/2017. Remarks: NOTICE OF LEVY; MEMORANDUM OF GARNISHEE; WRIT OF EXECUTION served upon Sequel Contractors Inc by personally serving Lisa Pack, Account Manager. (shb) |
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| Wednesday, November 15, 2017 | ||
| 35 | 35
order
For Order
Wed 11/15 9:48 AM
ORDER VACATING JUDGMENT DEBTOR EXAMINATION OF GREG EMBREE by Magistrate Judge Jean P. Rosenbluth: IT IS HEREBY ORDERED that Plaintiffs' application to vacate the judgment debtor examination of Greg Embree is GRANTED. The judgment debtor examination of Greg Embree, previously set for November 16, 2017, at 10:00 a.m., in the above caption matter is vacated and taken off calendar.33 . (bem) |
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| Tuesday, November 14, 2017 | ||
| 34 | 34
service
Proof of Service (subsequent documents)
Tue 11/14 4:13 PM
PROOF OF SERVICE filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust, re APPLICATION for Order for Vacating Judgment Debtor Examination of Greg Embree 33 served on November 14, 2017. (Jung, Michael) |
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2
pgs
motion
Order
Tue 11/14 4:10 PM
APPLICATION for Order for Vacating Judgment Debtor Examination of Greg Embree filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust. (Jung, Michael) |
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Att: 1
Proposed Order
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| Thursday, November 02, 2017 | ||
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service
Proof of Service (subsequent documents)
Thu 11/02 9:59 AM
PROOF OF SERVICE filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust, re Order31 served on November 1, 2017. (Jung, Michael) |
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| Wednesday, November 01, 2017 | ||
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2
pgs
order
Order
Wed 11/01 11:34 AM
ORDER CONTINUING THE DATE OF JUDGMENT DEBTOR EXAMINATION OF GREG EMBREE, OFFICER OF JUDGMENT DEBTOR by Magistrate Judge Jean P. Rosenbluth, re Stipulation to Continue,30 . (bem) |
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| Tuesday, October 31, 2017 | ||
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stip
Continue
Tue 10/31 10:46 AM
STIPULATION to Continue Judgment Debtor Examination of Greg Embree from November 2, 2017 to November 16, 2017 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust.(Jung, Michael) |
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Att: 1
Proposed Order
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| Thursday, October 12, 2017 | ||
| 29 | 29
minutes
Judgment Debtor Exam
Thu 10/12 1:53 PM
MINUTES OF Judgment Debtor Exam held before Magistrate Judge Jean P. Rosenbluth: Case is called. Counsel and Judgment Debtor state appearances on the record. Judgment debtor is sworn. Plaintiff's counsel states that Judgment Debtor does not have all of the necessary documents and requests a continuance of the examination. Court continues Judgment Debtor Examination to Thursday, November 2, 2017 at 10:00 am in Courtroom 690. If the continued examination is not needed, the parties may request that it be taken off calendar before said hearing date. The parties are excused to conduct the examination. Court Recorder: CS 10/12/17. (bem) |
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| Friday, October 06, 2017 | ||
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notice
Writ Issued
Fri 10/06 12:13 PM
WRIT of EXECUTION issued. (shb) |
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| Wednesday, September 20, 2017 | ||
| 27 | 27
service
Proof of Service (subsequent documents)
Wed 09/20 11:47 AM
PROOF OF SERVICE filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust, re Order on Motion for Judgment Debtor Exam,,,25 Greg Embree served on September 12, 2017. (Jung, Michael) |
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| Thursday, September 07, 2017 | ||
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order
Judgment Debtor Exam
Thu 09/07 3:27 PM
ORDER FOR APPEARANCE OF GREG EMBREE, OFFICER OF JUDGMENT DEBTOR by Magistrate Judge Jean P. Rosenbluth: IT IS ORDERED that Greg Embree appear in Courtroom 690, 6th Floor, of the United States Courthouse for the Central District of California, located at 255 E. Temple St., Los Angeles, CA 90012, on October 12, 2017, at 10:00 a.m., and answer questions concerning property subject to the Judgment Debtor's ownership and control, before Jean P. Rosenbluth, United States Magistrate Judge. IT IS FURTHER ORDERED that personal service upon the Judgment Debtor is required. See, CCP Sec. 708.110(d). IT IS FURTHER ORDERED that Greg Embree bring with him the following documents under his control, or under the control of his agents, attorneys or accountants (photocopies may be produced in lieu of originals). (See Order for complete details)23 (bem) |
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| Tuesday, September 05, 2017 | ||
| 26 | 26
order
For Order
Fri 09/08 9:11 AM
ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER by Judge Consuelo B. Marshall: IT IS HEREBY ORDERED that any writs of execution on accountsreceivable or general intangibles, pursuant to Cal. Civ. Proc. Code Section700.170, issued by the Clerk for the United States District Court, Central District of California, in the present case may be served by a licensed private process server over the age of 18, in lieu of the United States Marshals Office. The United States Marshals Office shall remain the levying officer. The clerk shall issue any writ of execution forthwith and release that writ of execution to the Judgment Creditors' attorney or its agents for purpose of complying with this Order. granting21 EX PARTE APPLICATION for Order (yl) |
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misc
Abstract of Judgment issued
Thu 09/07 9:58 AM
ABSTRACT of Judgment issued in favor of Plaintiff Trustees of the Southern California Surveyors Joint Apprenticeship Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Operating Engineers Health and Welfare Fund and against C.E.S.M., Inc. in the principal amount of $ 93,135.57, interest in the amount of $ 0.00, attorneys fees of $ 5393.22, costs of $ 520.00. RE: Default Judgment,,20 (yl) |
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| Friday, September 01, 2017 | ||
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motion
Judgment Debtor Exam
Fri 09/01 11:23 AM
APPLICATION for Judgment Debtor Exam as to C.E.S.M., Inc. filed by Plaintiffs Trustees of the Southern California Surveyors Joint Apprenticeship Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Operating Engineers Health and Welfare Fund. Application set for hearing on 10/12/2017 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth. (Jung, Michael) |
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Att: 1
Declaration Michael Y. Jung,
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Att: 2
Order for Appearance
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misc
Affidavit and Request for Issuance of Writ of Execution
Fri 09/01 11:10 AM
Affidavit and Request for Issuance of Writ of Execution filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust.(Jung, Michael) |
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Att: 1
Writ of Execution
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2
pgs
motion
Order
Fri 09/01 10:40 AM
EX PARTE APPLICATION for Order for Service of Process by Registered Process Server filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust. (Jung, Michael) |
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Att: 1
Memorandum,
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Att: 2
Declaration Michael Y. Jung,
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Att: 3
Order for Service of Process
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| Thursday, August 03, 2017 | ||
| 19 | 19
textonly
Generic Text Only Entry
Thu 08/03 12:11 PM
Effective August 7, 2017, Judge Jean P. Rosenbluth will be located at the Edward R. Roybal Federal Building, COURTROOM 690 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 690 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 12th Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
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| Wednesday, August 02, 2017 | ||
| 20 | 20
judgmentCV
Judgment - Default by Judge
Thu 08/03 4:30 PM
DEFAULT JUDGMENT by Judge Consuelo B. Marshall. Judgment is hereby entered in favor of Plaintiffs and against Defendant, in the amount of: 1. $90,394.16 for unpaid contributions; 2. $405.07 for prejudgment interest; 3. $2,336.34 for liquidated damages; 4. $5,393.22 in attorneys' fees (which includes litigation expenses); 5. $520.00 for costs; and 6. post judgment interest "at a rate equal to the weekly average 1-year constant maturity Treasury yield. MD JS-6. Case Terminated (shb) |
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| Tuesday, August 01, 2017 | ||
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minutes
Motion Hearing Default Judgment
Tue 08/01 1:11 PM
MINUTES OF MOTION for Default Judgment: Motion Hearing held before Judge Consuelo B. Marshall: The case is called and counsel states his appearance. No appearance made on behalf of the defendant. The Court and counsel confer. Plaintiffs Motion for Default Judgment is GRANTED Court Reporter: Marea Woolrich. (shb) |
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| Wednesday, June 28, 2017 | ||
| 17 | 17
service
Proof of Service (subsequent documents)
Wed 06/28 10:22 AM
PROOF OF SERVICE filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust, re NOTICE OF MOTION AND MOTION for Default Judgment against Defendant C.E.S.M., Inc.12 served on June 28, 2017. (Jung, Michael) |
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respm
Declaration (Motion related)
Wed 06/28 10:20 AM
DECLARATION of Michael Y. Jung in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant C.E.S.M., Inc.12 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust.(Jung, Michael) |
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Att: 1
Exhibit A - B
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respm
Declaration (Motion related)
Wed 06/28 10:18 AM
DECLARATION of Angelo Nicodemo in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant C.E.S.M., Inc.12 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust.(Jung, Michael) |
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Att: 1
Exhibit A
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respm
Declaration (Motion related)
Wed 06/28 10:16 AM
DECLARATION of Bernardo Ramos in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant C.E.S.M., Inc.12 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust.(Jung, Michael) |
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Att: 1
Exhibit A - I
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respm
Memorandum in Support of Motion
Wed 06/28 10:13 AM
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant C.E.S.M., Inc.12 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust. (Jung, Michael) |
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motion
Default Judgment
Wed 06/28 10:10 AM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendant C.E.S.M., Inc. filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust. Motion set for hearing on 8/1/2017 at 10:00 AM before Judge Consuelo B. Marshall. (Jung, Michael) |
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Att: 1
[Proposed] Judgment
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| Tuesday, May 23, 2017 | ||
| 11 | 11
order
Clerks Entry of Default (CV-37) - optional html form
Tue 05/23 3:49 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to C.E.S.M., INC., a California corporation, (yl) |
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| Monday, May 22, 2017 | ||
| 10 | 10
service
Proof of Service (subsequent documents)
Mon 05/22 2:15 PM
PROOF OF SERVICE filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust, re REQUEST for Clerk to Enter Default against Defendant C.E.S.M., Inc.9 served on May 22, 2017. (Jung, Michael) |
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motion
Clerk to Enter Default
Mon 05/22 2:00 PM
REQUEST for Clerk to Enter Default against Defendant C.E.S.M., Inc. filed by Plaintiffs Trustees of the Southern California Surveyors Joint Apprenticeship Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Operating Engineers Health and Welfare Fund. (Jung, Michael) |
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Att: 1
Declaration of Michael Y. Jung
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| Friday, April 21, 2017 | ||
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service
Service of Summons and Complaint Returned Executed (21 days)
Fri 04/21 8:55 AM
PROOF OF SERVICE Executed by Plaintiff Trustees of the Southern California Surveyors Joint Apprenticeship Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Operating Engineers Health and Welfare Fund, upon Defendant C.E.S.M., Inc. served on 4/20/2017, answer due 5/11/2017. Service of the Summons and Complaint were executed upon Greg Embree - Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Jung, Michael) |
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| Wednesday, March 22, 2017 | ||
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order
Order
Thu 03/23 9:58 AM
STANDING ORDER. READ THIS ORDER CAREFULLY, IT CONTROLS THIS CASE AND MAY DIFFER IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Honorable Consuelo B Marshall. Both the Court and the attorneys bear the responsibility for the progress of litigation in this Court. To secure the just, speedy, and inexpensive determination of every action, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Fed.R.Civ.P.1. NON COMPLIANCE MAY LEAD TO THE IMPOSITION OF SANCTIONS AND INCLUDING THE STRIKING OF PLEADINGS AND ENTRY OF JUDGMENT OR DISMISSAL OF THE ACTION. See order for details. (shb) |
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| Monday, March 20, 2017 | ||
| 6 | 6
service
Summons Issued (Attorney Civil Case Opening)
Mon 03/20 3:23 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),,,1 as to Defendant C.E.S.M., Inc. (ghap) |
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 03/20 3:08 PM
NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Jean P. Rosenbluth. (ghap) |
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| Friday, March 17, 2017 | ||
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notice
Certificate/Notice of Interested Parties
Fri 03/17 2:27 PM
NOTICE of Interested Parties filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust, (Jung, Michael) |
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notice
Summons Request
Fri 03/17 2:26 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,1 filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust. (Jung, Michael) |
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misc
Civil Cover Sheet (CV-71)
Fri 03/17 2:25 PM
CIVIL COVER SHEET filed by Plaintiffs Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Southern California Surveyors Joint Apprenticeship Trust. (Jung, Michael) |
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cmp
Complaint (Attorney Civil Case Opening)
Fri 03/17 2:24 PM
COMPLAINT Receipt No: 0973-19534456 - Fee: $400, filed by Plaintiffs Trustees of the Southern California Surveyors Joint Apprenticeship Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Operating Engineers Health and Welfare Fund. (Attorney Michael Y Jung added to party Trustees of the Operating Engineers Health and Welfare Fund(pty:pla), Attorney Michael Y Jung added to party Trustees of the Operating Engineers Pension Trust(pty:pla), Attorney Michael Y Jung added to party Trustees of the Operating Engineers Vacation-Holiday Savings Trust(pty:pla), Attorney Michael Y Jung added to party Trustees of the Southern California Surveyors Joint Apprenticeship Trust(pty:pla))(Jung, Michael) |
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