District Court, N.D. California January 28, 2013, Case No. C-12-05683 JCS (Pension Plan for Pension Trust Fund for Operating Engineers v. Weldway Construction, Inc.)

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION; DENYING DEFENDANTS’ MOTION TO COMPEL ARBITRATION

JOSEPH C. SPERO, United States Magistrate Judge.

I. INTRODUCTION

On November 5, 2012, Plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers (“Fund”) and F.G. Crosthwaite and Russell E.