ORDER by Judge Samuel Conti GRANTING 27 Motion for Judgment on the Pleadings or, in the Alternative, Motion for Summary Judgment, and DENYING Motion for Attorney Fees; DENYING AS MOOT 32 MOTION to Strike, 37 Ex Parte Application to Vacate Jury Trial, and 39 Ex Parte Application to Continue Trial Date (sclc2, COURT STAFF) (Filed on 1/24/2012) (Entered: 01/24/2012)
Ex Parte Application re 38 Clerks Notice,,, MOTION to Continue filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Proposed Order)(Klein, Elise) (Filed on 1/23/2012) (Entered: 01/23/2012)
Attachment 1 Ex Parte Application re 38 Clerks Notice,,, MOTION to Continue filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Proposed Order)(Klein, Elise) (Filed on 1/23/2012) (Entered: 01/23/2012)
CLERKS NOTICE: The jury trial set to begin on Monday, February 6, 2012 is continued to Tuesday, February 21, 2012 at 9:30 a.m., before the Honorable Samuel Conti. The Pretrial Conference set for Friday, February 3, 2012 is continued to Friday, February 10, 2012 at 10:00 a.m. before Hon. Samuel Conti. All other aspects of the Courts pretrial order remain in place. Please report to Courtroom 1, on the 17th floor, U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. (tdm, COURT STAFF) (Filed on 1/23/2012) (Entered: 01/23/2012)
Ex Parte Application To Vacate Jury Trial Date and Re-Classify Erisa Matter for Court Trial and Determination of Action Pursuant to RFCP 52(a) filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Jacobson, Reuben) (Filed on 1/18/2012) (Entered: 01/18/2012)
CLERKS NOTICE: all Motions set for hearing on Friday, January 13, 2012 at 10:00 a.m. before the Honorable Samuel Conti are submitted for a decision on the pleadings. Parties are hereby informed that there will be no appearance and no oral argument. (tdm, COURT STAFF) (Filed on 1/10/2012) (Entered: 01/10/2012)
RESPONSE (re 27 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, and Motion for Attorney Fees, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support ) filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Klein, Elise) (Filed on 12/29/2011) (Entered: 12/29/2011)
REPLY (re 27 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, and Motion for Attorney Fees, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support ) filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Klein, Elise) (Filed on 12/29/2011) (Entered: 12/29/2011)
MOTION to Strike Portions of Plaintiff's Declaration and Exhibits Thereto, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support filed by Allied Administrators, Inc, Northern California Tile Industry Trust Funds, Sharon Turner. Motion Hearing set for 1/13/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 1/12/2012. Replies due by 1/19/2012. (Klein, Elise) (Filed on 12/29/2011) (Entered: 12/29/2011)
RESPONSE (re 27 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, and Motion for Attorney Fees, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support ) Memorandum of Law filed byRussell L. Deman. (Mitchell, Daniel) (Filed on 12/23/2011) (Entered: 12/23/2011)
RESPONSE (re 27 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, and Motion for Attorney Fees, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support ) Declaration in support of Opposition filed byRussell L. Deman. (Mitchell, Daniel) (Filed on 12/23/2011) (Entered: 12/23/2011)
RESPONSE (re 27 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, and Motion for Attorney Fees, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support ) Plaintiff's Objection to Declaration of Polly Baney in support of motion for Judgment on the pleadings filed byRussell L. Deman. (Mitchell, Daniel) (Filed on 12/23/2011) (Entered: 12/23/2011)
Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit Exhibit 1, Part 6, # 7 Exhibit Exhibit 2)(Jacobson, Reuben) (Filed on 12/9/2011) Modified on 12/12/2011 (aaa, COURT STAFF). (Entered: 12/09/2011)
Attachment 1 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
Attachment 2 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
Attachment 3 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
Attachment 4 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
Attachment 5 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
Attachment 6 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
Attachment 7 Declaration of Polly Baney In Support of Defendant's 27 Motion and Motion for Judgment on the Pleadings, or In the Alternative, Motion for SUmmary Judgment, and Motion for Attorney Fees, and Incorporated filed byAllied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 1, Part 3, # 4 Exhibit Exhibit 1, Part 4, # 5 Exhibit Exhibit 1, Part 5, # 6 Exhibit E
MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, and Motion for Attorney Fees, and Incorporated Memorandum of Law; Memorandum of Points and Authorities in Support filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. Motion Hearing set for 1/13/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 12/23/2011. Replies due by 12/30/2011. (Jacobson, Reuben) (Filed on 12/9/2011) (Entered: 12/09/2011)
NOTICE OF REFERENCE FOR DISCOVERY, Motions terminated: 24 MOTION to Compel Production of Documents and for Sanctions Against Plaintiff and/or His Counsel filed by Allied Administrators, Inc, Northern California Tile Industry Trust Funds, Sharon Turner, Linda Martinez.. Signed by Judge Maria-Elena James on 8/29/2011. (cdnS, COURT STAFF) (Filed on 8/29/2011) (Entered: 08/29/2011)
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Samuel Conti on 8/22/11. (tdm, COURT STAFF) (Filed on 8/23/2011) (Entered: 08/23/2011)
MOTION to Compel Production of Documents and for Sanctions Against Plaintiff and/or His Counsel filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. Motion Hearing set for 10/21/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 9/1/2011. Replies due by 9/8/2011. (Attachments: # 1 Declaration Elise D. Klein In Support, # 2 Declaration Reuben Jacobson In Support)(Klein, Elise) (Filed on 8/18/2011) (Entered: 08/18/2011)
Attachment 1 MOTION to Compel Production of Documents and for Sanctions Against Plaintiff and/or His Counsel filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. Motion Hearing set for 10/21/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 9/1/2011. Replies due by 9/8/2011. (Attachments: # 1 Declaration Elise D. Klein In Support, # 2 Declaration Reuben Jacobson In Support)(Klein, Elise) (Filed on 8
Attachment 2 MOTION to Compel Production of Documents and for Sanctions Against Plaintiff and/or His Counsel filed by Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. Motion Hearing set for 10/21/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Responses due by 9/1/2011. Replies due by 9/8/2011. (Attachments: # 1 Declaration Elise D. Klein In Support, # 2 Declaration Reuben Jacobson In Support)(Klein, Elise) (Filed on 8
Minute Entry: Status Conference (Date Filed: 2/18/2011). Discovery due by 12/6/2011. Jury Trial set for 2/6/2012 09:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Motion Hearing set for 1/13/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 2/3/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. (Court Reporter Jim Yeomans.) (tdm, COURT STAFF) (Date Filed: 2/18/2011) (Entered: 02/18/2011)
ANSWER to Complaint FIRST AMENDED COMPLAINT byLinda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner. (Klein, Elise) (Filed on 1/24/2011) (Entered: 01/24/2011)
COMPLAINT for retirement, pension rights and benefits against Allied Administrators, Inc, Linda Martinez, Northern California Tile Industry Trust Funds, Sharon Turner Filed byRussell L. Deman. (Mitchell, Daniel) (Filed on 1/13/2011) Modified on 1/18/2011 (aaa, COURT STAFF). (Entered: 01/13/2011)
CLERKS NOTICE Case Management Conference set for 1/7/2011 is continued to 2/18/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (tdm, COURT STAFF) (Filed on 1/5/2011) (Entered: 01/05/2011)
CERTIFICATE OF SERVICE by Linda Martinez, Sharon Turner Proof of Service re Order to Show Cause Why Case Should Not Be Dismissed (Graft, Alexander) (Filed on 11/18/2010) (Entered: 11/18/2010)
ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/3/2010 10:00 AM.. Signed by Judge Samuel Conti on 11/15/2010. (sclc1, COURT STAFF) (Filed on 11/15/2010) (Entered: 11/15/2010)
Response Supplemental Memorandum Re: Service on Allied Administrators, Inc. and Northern California Tile Industry Trust Funds bySharon Turner. (Attachments: # 1 Request for Judicial Notice of California Superior Court Files and Records in Action, # 2 Declaration of David Walker Regarding Lack of Service on Non-Joining Defendants, # 3 Declaration of Raphael Shannon Regarding Lack of Service on Non-Joining Defendants)(Graft, Alexander) (Filed on 11/10/2010) (Entered: 11/10/2010)
Attachment 1 Response Supplemental Memorandum Re: Service on Allied Administrators, Inc. and Northern California Tile Industry Trust Funds bySharon Turner. (Attachments: # 1 Request for Judicial Notice of California Superior Court Files and Records in Action, # 2 Declaration of David Walker Regarding Lack of Service on Non-Joining Defendants, # 3 Declaration of Raphael Shannon Regarding Lack of Service on Non-Joining Defendants)(Graft, Alexander) (Filed on 11/10/2010) (Entered: 11/10/2010)
Attachment 2 Response Supplemental Memorandum Re: Service on Allied Administrators, Inc. and Northern California Tile Industry Trust Funds bySharon Turner. (Attachments: # 1 Request for Judicial Notice of California Superior Court Files and Records in Action, # 2 Declaration of David Walker Regarding Lack of Service on Non-Joining Defendants, # 3 Declaration of Raphael Shannon Regarding Lack of Service on Non-Joining Defendants)(Graft, Alexander) (Filed on 11/10/2010) (Entered: 11/10/2010)
Attachment 3 Response Supplemental Memorandum Re: Service on Allied Administrators, Inc. and Northern California Tile Industry Trust Funds bySharon Turner. (Attachments: # 1 Request for Judicial Notice of California Superior Court Files and Records in Action, # 2 Declaration of David Walker Regarding Lack of Service on Non-Joining Defendants, # 3 Declaration of Raphael Shannon Regarding Lack of Service on Non-Joining Defendants)(Graft, Alexander) (Filed on 11/10/2010) (Entered: 11/10/2010)
Declaration of Reuben B. Jacobson, Esq. Supplemental Declaration Regarding Service on Non-Joining Defendants filed byLinda Martinez, Sharon Turner. (Graft, Alexander) (Filed on 11/8/2010) (Entered: 11/08/2010)
Declaration of Daniel L. Mitchell re 9 Joinder filed by Russell L. Deman. (Attachments: # 1 Signed POS, the declaration we submitted earlier wsa missing the signature on page4. This submission of the declaration is correct. here is an attached pdf of the proof to clarify)(Related document(s) 9 ) (Mitchell, Daniel) (Filed on 11/5/2010) Modified on 11/8/2010 (mjj2, COURT STAFF). (Entered: 11/05/2010)
Attachment 1 Declaration of Daniel L. Mitchell re 9 Joinder filed by Russell L. Deman. (Attachments: # 1 Signed POS, the declaration we submitted earlier wsa missing the signature on page4. This submission of the declaration is correct. here is an attached pdf of the proof to clarify)(Related document(s) 9 ) (Mitchell, Daniel) (Filed on 11/5/2010) Modified on 11/8/2010 (mjj2, COURT STAFF). (Entered: 11/05/2010)
ERRONEOUS FILING. SEE DOCUMENT #11 Declaration of Daniel L. Mitchell filed by Russell L. Deman. (Mitchell, Daniel) (Filed on 11/5/2010) Modified on 11/8/2010 (mjj2, COURT STAFF). (Entered: 11/05/2010)
Joinder Declaration Regarding Non-Joining Defendants in Removal Petition by Linda Martinez, Sharon Turner. (Graft, Alexander) (Filed on 11/2/2010) (Entered: 11/02/2010)
NOTICE by Sharon Turner and Linda Martinez's Notice of Non Opposition by Plaintiff to 5 Motion to Dismiss Complaint (Graft, Alexander) (Filed on 10/20/2010) Modified on 10/21/2010 (aaa, COURT STAFF). (Entered: 10/20/2010)
CLERKS NOTICE to Defendant(s) Attorney(s) via e-mail or U.S. mail re: Failure to E-File/E-Mail re 1 Notice of Removal, 3 Certificate of Interested Entities & in a separate pdf attachment the Civil Cover Sheet and/or Failure to Register as an E-Filer (aaa, COURT STAFF) (Filed on 9/24/2010) (Entered: 09/24/2010)
MOTION to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Linda Martinez, Sharon Turner. Motion Hearing set for 11/5/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Jacobson, Reuben) (Filed on 9/17/2010) (Entered: 09/17/2010)
Attachment 1 MOTION to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Linda Martinez, Sharon Turner. Motion Hearing set for 11/5/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Jacobson, Reuben) (Filed on 9/17/2010) (Entered: 09/17/2010)
Certificate of Interested Entities or Persons by Linda Martinez, Sharon Turner (aaa, COURT STAFF) (Filed on 9/13/2010) (aaa, COURT STAFF). (Entered: 09/14/2010)
ADR SCHEDULING ORDER: Case Management Statement due by 12/31/2010. Case Management Conference set for 1/7/2011 10:00 AM. Signed by Senior Judge Samuel Conti on 9/13/10. (aaa, COURT STAFF) (Filed on 9/13/2010) (Entered: 09/14/2010)
NOTICE OF REMOVAL OF ACTION AND REMOVAL PETITION PURSUANT TO 28 U.S.C. 1441(b)(Federal Question); (No Process) from Superior Court of California, County of San Francisco Unlimited Jurisdiction. Their case number is CGC-10-502270. (Filing fee $350.00 receipt number 34611050510). Filed byLinda Martinez, Sharon Turner. (aaa, COURT STAFF) (Filed on 9/13/2010) (Additional attachment(s) added on 9/28/2010: # 1 Civil Cover Sheet) (aaa, COURT STAFF). (Additional attachment(s) added on 10/23/2015: # 2 Receipt) (aaaS, COURT STAFF). (Entered: 09/14/2010)
Attachment 1 NOTICE OF REMOVAL OF ACTION AND REMOVAL PETITION PURSUANT TO 28 U.S.C. 1441(b)(Federal Question); (No Process) from Superior Court of California, County of San Francisco Unlimited Jurisdiction. Their case number is CGC-10-502270. (Filing fee $350.00 receipt number 34611050510). Filed byLinda Martinez, Sharon Turner. (aaa, COURT STAFF) (Filed on 9/13/2010) (Additional attachment(s) added on 9/28/2010: # 1 Civil Cover Sheet) (aaa, COURT STAFF). (Additional attachment(s) added on 10/23/2015: # 2 Re
Attachment 2 NOTICE OF REMOVAL OF ACTION AND REMOVAL PETITION PURSUANT TO 28 U.S.C. 1441(b)(Federal Question); (No Process) from Superior Court of California, County of San Francisco Unlimited Jurisdiction. Their case number is CGC-10-502270. (Filing fee $350.00 receipt number 34611050510). Filed byLinda Martinez, Sharon Turner. (aaa, COURT STAFF) (Filed on 9/13/2010) (Additional attachment(s) added on 9/28/2010: # 1 Civil Cover Sheet) (aaa, COURT STAFF). (Additional attachment(s) added on 10/23/2015: # 2 Re
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