Mercoza

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division OPERATING ENGINEERS HEALTH Case No. 24-cv-03007-LB AND WELFARE TRUST FUND, et al., ORDER REGARDING SERVICE Plaintiffs, Re: ECF No. 13 v. 14 MERCOZA, et al., 15 Defendants. 16 INTRODUCTION The plaintiffs — benefits plans and trustees — sued defendants Mercoza (a California corporation) and Jason Duran Martinez (its CEO and CFO) for unpaid fringe-benefit contributions, liquidated damages, and interest pursuant to the parties’ collective bargaining and trust agreements, the Labor Management Relations Act (LMRA), and the Employee Retirement Income Security Act of 1974 (ERISA). The plaintiffs served Mercoza’s agent for service of process with the first complaint, amended the complaint to update the amounts owed, tried to serve the defendants with the amended complaint, and were unable to serve them. They thus have applied to serve Mercoza via the…