TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST v. SMITH-EMERY COMPANY

No. CV 09-1476 CAS (VBKx).

TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST, ET AL. Plaintiffs, v. SMITH-EMERY COMPANY; Defendant.

United States District Court, C.D. California, Western Division.

July 5, 2013.


Attorney(s) appearing for the Case

Trustees of The Operating Engineers Pension Trust, Plaintiff, represented by Marija Kristich Decker , Laquer Urban Clifford & Hodge LLP & Susan Graham Lovelace , Laquer Urban Clifford and Hodge LLP.

Trustees of the Operating Engineers Health and Welfare Fund, Plaintiff, represented by Marija Kristich Decker , Laquer Urban Clifford & Hodge LLP & Susan Graham Lovelace , Laquer Urban Clifford and Hodge LLP.

Trustees of the Operating Engineers Vacation-Holiday Savigs Trust, Plaintiff, represented by Marija Kristich Decker , Laquer Urban Clifford & Hodge LLP & Susan Graham Lovelace , Laquer Urban Clifford and Hodge LLP.

Trustees of the Operating Engineers Training Trust, Plaintiff, represented by Marija Kristich Decker , Laquer Urban Clifford & Hodge LLP & Susan Graham Lovelace , Laquer Urban Clifford and Hodge LLP.

Smith-Emery Company, Defendant, represented by David B Simpson , Wolflick and Simpson, Christina Rose Mitchell , Wolflick and Simpson, Frederick Scott Page , Seyfarth Shaw LLP, George E Preonas , Seyfarth Shaw LLP, Gregory D Wolflick , Wolflick and Simpson, Holger G Besch , Seyfarth Shaw LLP & Kamran Mirrafati , Seyfarth Shaw LLP.

Attorney Settlement Officer, Mediator (ADR Panel), represented by Robert R Pohls , Pohls & Associates.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

CHRISTINA A. SNYDER, District Judge.

I. INTRODUCTION

On March 29, 2009, plaintiffs Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Health and Welfare Fun, Trustees of the Operating Engineers Vacation Holiday Savings Trust, and Trustees of the Operating Engineers Training Trust (collectively, "Trustees") initiated this suit to collect trust fund contributions from defendant...

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