Operating Engineers Health And Welfare Trust Fund for Northern California v. JS Taylor Construction, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OPERATING ENGINEERS HEALTH Case No. 17-cv-00896-EMC

AND WELFARE TRUST FUND FOR

8 NORTHERN CALIFORNIA, et al.,

ORDER DENYING DEFENDANT’S

9 Plaintiffs, MOTION FOR SUMMARY

JUDGMENT, PARTIALLY GRANTING

10 v. PLAINTIFFS’ MOTION FOR

SUMMARY JUDGMENT, AND

11 JS TAYLOR CONSTRUCTION, INC., A ORDERING DEFENDANTS TO SHOW CALIFORNIA CORPORATION, et al., CAUSE WHY SUMMARY JUDGMENT 12 AS TO THE SECOND AUDIT SHOULD Defendants. NOT ISSUE 13 Docket Nos. 47, 56 14 15 16 I. INTRODUCTION 17 Plaintiffs are multiemployer benefits plans and their respective trustees, who have filed suit 18 against JS Taylor Construction, Inc. (a corporation) and Joshua Thiel (a principal shareholder). 19 The suit alleges a breach of the parties’ collective bargaining agreement, and Plaintiffs seek 20 unpaid contributions, interest, liquidated damages, and other relief. Defendants filed a Motion for 21 Summary Judgment, arguing that Mr.…