Automotive Industries Pension Trust Fund et al v. Crown Chevrolet et al

Filing 26

ORDER Further Case Management Conference set for 7/20/12 is continued 9/14/2012 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 7/16/12. (tfS, COURT STAFF) (Filed on 7/17/2012)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 ANNE BEVINGTON (SBN 111320)
[e-mail]
3 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
4 San Francisco, CA 94104
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiffs
Automotive Industries Pension
7 Trust Fund, et al.
8 Stephen McKae, Bar No. 66797
WENDEL, ROSEN, BLACK & DEAN LLP
9 1111 Broadway, 24th Floor
Oakland, California 94607
10 Telephone: [phone]
Facsimile: [phone]
11 Email: [e-mail]
12 Attorneys for Defendant
Patrick M. Costello
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15

(SAN FRANCISCO DIVISION)

16 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, JAMES H. BENO, Trustee,
17 BILL BRUNELLI, Trustee, STEPHEN J.
MACK, Trustee, CHRIS CHRISTOPHERSEN,
18 Trustee, DON CROSATTO, Trustee, MARK
HOLLIBUSH, Trustee, JON ROSELLE,
19 Trustee, DOUG CORNFORD, Trustee, and
JAMES V. CANTERBURY, Trustee,
20
Plaintiffs,
21 v.
22 CROWN CHEVROLET, a California
corporation; PATRICK M. COSTELLO, an
23 individual; FLUID MAINTENANCE
EXPERTS, INC., a California corporation, and
24
DOES 1-10,
25
Defendants.
26
27

Case No.: CV 12-0265 SI
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT;
(PROPOSED) ORDER
Date:
Time:
Courtroom:
Judge:

July 20, 2012
3:00 p.m.
10, 19th Floor
Honorable Susan Illston

Complaint filed: January 18, 2012
Trial Date:
June 24, 2013

In accordance with Northern District Local Rule 16-10(d), plaintiffs and defendant Patrick

28 M. Costello submit this Joint Case Management Conference Statement, in advance of the further
JOINT CASE MGMT CONF STATEMENT;
-1(PROPOSED) ORDER; NO. CV 12-265 SI
P:\CLIENTS\AUTPF\W\CASES\Crown Chevrolet\PLEADINGS\CMC\07-13-12 Joint CMC Statement.doc

1 Case Management Conference scheduled for July 20, 2012.
2

1.

Parties.

3

Plaintiffs are the Automotive Industries Pension Trust Fund (“the Trust Fund”) and its

4 Trustees. Plaintiffs brought this action under ERISA as amended by the Multiemployer Pension
5 Plan Amendments Act of 1980 (“MPPAA”) to recover withdrawal liability and damages for
6 alleged improper transfers of corporate assets.
7

Defendants are Crown Chevrolet, Inc., Fluid Maintenance Experts, Inc., and Patrick M.

8 Costello. Defendants Crown Chevrolet and Fluid Maintenance Experts were served and failed to
9 respond. Crown’s default was entered on March 1, 2012; Fluid Maintenance Experts’ default was
10 entered on April 3, 2012. Patrick M. Costello was served and filed his Answer to Complaint on
11 March 28, 2012, denying liability.
12

2.

13

On May 4, 2012, the Court held the Initial Case Management Conference (Pretrial

Current Schedule.

14 Minutes, Dkt #22) and set the following schedule:
15

7/20/12

Further Case Management Conference, 3:00 p.m.

16

8/31/12

Deadline for adding new parties and for plaintiffs to file motions
for default judgment

17

11/30/12 Discovery cutoff

18

1/11/13

Expert designation

19

2/15/13

Rebuttal experts

3/22/13

Expert discovery cutoff

5/3/13

Hearing on dispositive motion, 9:00 a.m.
(Motion due 3/29/13, Opposition 4/12/13 Reply 4/19/13)

6/11/13

Pretrial Conference, 3:30 p.m.

6/24/13

Trial, 8:30 a.m. (COURT: 3 Days)

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21
22
23
24

3.

Progress Since Initial Case Management Conference.

25

The plaintiffs and defendant Patrick Costello participated in a mediation session on June

26 18, 2012. The case did not settle. The parties do not believe that further ADR proceedings would
27 be useful at this time.
28

Plaintiffs have been engaged in third party discovery for the purpose of determining whether
-2P:\CLIENTS\AUTPF\W\CASES\Crown Chevrolet\PLEADINGS\CMC\07-13-12 Joint CMC Statement.doc

JOINT CASE MGMT CONF STATEMENT;
(PROPOSED) ORDER; NO. CV 12-265 SI

1 to add parties. Plaintiffs are still considering whether to do so. The deadline for adding parties is
2 August 31, 2012. Plaintiffs will also propound discovery to defendant Patrick Costello.
3

Plaintiffs are attempting to secure a stipulation for entry of judgment from Crown

4 Chevrolet and Fluid Maintenance, Inc., the defendants who are in default. If a stipulated judgment
5 is not possible, plaintiffs will file motions for default judgment as to these two defendants on or
6 before the deadline of August 31, 2012.
7

4.

Proposal for Remainder of Case Development Process

8

The parties do not propose any changes to the current schedule at this time, but request that

9 the Court set a further Case Management Conference on October 12, 2012, at 3:00 p.m., or on
10 such other date in approximately 90 days as is convenient to the Court.
11 Dated: July 13, 2012.

SALTZMAN & JOHNSON LAW
CORPORATION

12
By:

13
14
15 Dated: July 13, 2012.

_/s/ Anne M. Bevington______
Anne M. Bevington
Attorneys for Plaintiffs

WENDEL, ROSEN, BLACK & DEAN LLP

16
By: __/s/ Stephen McKae__________
Stephen McKae
Attorneys for Defendant
Patrick M. Costello

17
18
19

ORDER

20

The Court having considered the Joint Case Management Statement of the parties, a

9/14
21 further Case Management Conference is set for ______________, 2012, at 3:00 p.m., in
th
22 Courtroom 10, 19 Floor, at 3:00 p.m.

23 IT IS SO ORDERED.
7/16
24 DATED: _______________, 2012.
25

_________________________________________
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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-3P:\CLIENTS\AUTPF\W\CASES\Crown Chevrolet\PLEADINGS\CMC\07-13-12 Joint CMC Statement.doc

JOINT CASE MGMT CONF STATEMENT;
(PROPOSED) ORDER; NO. CV 12-265 SI