Buckhorn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 JACK BUCKHORN, et al., Case No. 15-cv-04352-TSH

Plaintiffs,

ORDER RE: PLAINTIFF’S MOTION

v. TO DISMISS AND DEFENDANT’S

MOTION FOR JUDGMENT ON THE

MARLON EUGENE HETTINGER, PLEADINGS Defendant. Re: Dkt. Nos. 186, 188

13 I. INTRODUCTION Plaintiffs allege Defendant Marlon Eugene Hettinger failed to pay contributions owed under the parties’ collective bargaining agreement, as governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 502, 515. Plaintiff Fregoso Builders, Inc. brings a related breach of contract claim. Hettinger brings counterclaims for indemnity. Fregoso moves to dismiss Hettinger’s counterclaims pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that his claims are untimely and violate prior orders of this Court. ECF No. 186. At the same time, Hettinger moves to dismiss under 12(b)(6) or, in the alternative, for…