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JOINT STATUS CONFERENCE STATEMENT 

Ronald L. Richman, SBN 139189 

Susan J. Olson, SBN 152467 

BULLIVANT HOUSER BAILEY PC 

601 California Street, Suite 1800 

San Francisco, California 94108 

Telephone: 415.352.2700 

Facsimile: 415.352.2701 

E-Mail: ron.richman@bullivant.com 

E-Mail: susan.olson@bullivant.com 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

BOARD OF TRUSTEES OF THE 

LABORERS HEALTH AND WELFARE 

TRUST FUND FOR NORTHERN 

CALIFORNIA; BOARD OF TRUSTEES OF 

THE LABORERS VACATION-HOLIDAY 

TRUST FUND FOR NORTHERN 

CALIFORNIA; BOARD OF TRUSTEES OF 

THE LABORERS PENSION TRUST FUND 

FOR NORTHERN CALIFORNIA; and 

BOARD OF TRUSTEES OF THE 

LABORERS TRAINING AND RETRAINING 

TRUST FUND FOR NORTHERN 

CALIFORNIA, 

Plaintiffs, 

v. 

Davis Moreno Construction, Inc., a California 

Corporation, 

Defendants. 

Case No.: CV 08 5138 MEJ 

JOINT STATUS CONFERENCE 

STATEMENT; ORDER THEREON 

Date: February 18, 2010 

Time: 10:00 a.m. 

Ctroom: B, 15th Floor 

 Hon. Maria-Elena James 

Plaintiffs Laborers Health and Welfare Trust Fund for Northern California, Laborers 

Vacation-Holiday Trust Fund for Northern California, Laborers Pension Trust Fund for 

Northern California, and Laborers Training and Retraining Trust Fund for Northern California 

(“Laborers Trust Funds”), on the one hand, and Defendant Davis Moreno Construction, Inc. 

(“Davis Moreno”), on the other hand, provide this Court with the following status update. 

Case 3:08-cv-05138-MEJ Document 20 Filed 02/11/10 Page 1 of 3
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JOINT STATUS CONFERENCE STATEMENT 

On November 12, 2008 Plaintiffs Laborers Trust Funds filed their Complaint for 

Damages for Breach of Collective Bargaining Agreement and For a Mandatory Injunction 

(“Complaint”). Plaintiffs seek to conduct an audit of Defendant’s books and records to 

determine if Defendant properly reported and paid its trust fund contributions on behalf of its 

covered workers. Defendant Davis Moreno was served with the lawsuit and filed an answer to 

the complaint on December 5, 2009. Defendant Davis Moreno agreed to allow the audit to be 

conducted, pursuant to the Stipulated Protective Order filed with this Court and without waiving 

any of its legal rights or remedies. 

The audit was completed. The results of audit were provided by Plaintiffs Laborers Trust 

Funds to Defendant Davis Moreno. Defendant Davis Moreno provided the Trust Funds with 

additional information and documentation. Based on this additional information and 

documentation, on December 11, 2009, the Trust Funds presented Davis Moreno, through 

counsel, with the revised audit. To date, the parties have not reached agreement regarding the 

revised audit. 

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JOINT STATUS CONFERENCE STATEMENT 

Based on the value of the dispute, the parties agree to mediation. 

DATED: February 9, 2010 

BULLIVANT HOUSER BAILEY PC 

By _________/s/_______________________

Ronald L. Richman 

Attorneys for Plaintiffs 

DATED: February 9, 2010 

LAW OFFICE OF RUSSELL D.COOK 

By ________/s/_________________________

Russell D. Cook 

Attorneys for Defendant 

12298806.1 As the parties intend to proceed with mediation, the Court hereby CONTINUES the C.M.C. 

to May 20, 2010 at 10:00 a.m. All deadlines are adjusted accordingly. 

Dated: February 11, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Maria-Elena James

Case 3:08-cv-05138-MEJ Document 20 Filed 02/11/10 Page 3 of 3