Crosthwaite et al v. Giacalone Electrical Services, Inc. et al

Filing 37

ORDER Further Case Management Conference set for 7/12/13 is continued to 8/9/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 6/13/13., Motions terminated: 35 STIPULATION WITH PROPOSED ORDER re [26 ] Pretrial Order, 25 Case Management Conference - Initial, Set Hearings,, 30 Order on Stipulation Stipulation and [Proposed] Order to Continue Mediation Deadline and Case Management Conference filed by F. G. Crosthwaite, Heavy and H ighway Committee, Operating Engineers and Participating Employers Pre-Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Russell E. Burns, Pensioned Operating Engineers' Health and Welfare Fund, Pension Trust Fund For Operating Engineers, Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO.(tfS, COURT STAFF) (Filed on 6/14/2013)

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Michele R. Stafford, Esq. (SBN 172509)
Shaamini A. Babu. Esq. (SBN 230704)
Saltzman & Johnson Law Corporation
44 Montgomery Street, Suite 2110
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
Valerie L. Williams, Esq. (SBN 212711)
Law Offices of Charley M. Stoll
711 East Daily Drive, Suite 115
Camarillo, California 93010
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendant Giacalone Design
Services, Inc.
Roger M. Mason, Esq. (SBN 107486)
Sweeney, Mason, Wilson & Bosomworth
983 University Avenue, Suite 104C
Los Gatos, CA 95032-7637
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Gilroy
Construction, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

21 F.G. CROSTHWAITE and RUSSELL E.
BURNS, in their respective capacities as
22 Trustees of the OPERATING ENGINEERS’
HEALTH AND WELFARE TRUST FUND, et
23 al.,

Case No.: C12-6178 SI
STIPULATION AND [PROPOSED
ORDER] TO CONTINUE MEDIATION
DEADLINE AND CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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25 vs.

26 GIACALONE ELECTRICAL SERVICES,
INC., et al.,
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Defendants.
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Complaint:
Trial:
Judge

12/6/12
2/18/14
Honorable Susan Illston

-1P:\CLIENTS\OE3CL\Giacalone Electrical Services\ADR\Mediation\Stipulation to Continue Mediation and CMC 061013.DOC

STIPULATION RE MEDIATION
Case No.: C12-6178 SI

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Plaintiffs Operating Engineers’ Health and Welfare Trust Fund, et al. and Defendants

2 Gilroy Construction, Inc. and Giacalone Design Services, Inc. through their respective counsel
3 hereby stipulate to the following:
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1.

On May 1, 2013, the Court extended the deadline for mediation to June 29, 2013,

5 pursuant to the parties’ request. Docket No. 30.
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2.

Plaintiffs served Request for Production of Documents and Special Interrogatories

7 on Defendants Gilroy Construction, Inc. and Giacalone Design Services, Inc., on May 10, 2013,
8 and May 14, 2013, respectively. Defendants are still gathering the requested documents and
9 information. Plaintiffs are agreeable to an extension until Friday July 12, 2013, for Defendants to
10 serve responses to discovery.
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3.

On May 22, 2013, Plaintiff Pension Plan for Pension Trust Fund for Operating

12 Engineers filed a Complaint in Pension Plan for Pension Trust Fund for Operating Engineers, et
13 al., v. Giacalone Electrical Services, Inc., et al., Case No. CV13-2338, to recover unpaid
14 withdrawal liability under the Employee Retirement Income Security Act of 1974 as amended by
15 the Multiemployer Pension Plan Amendments Act of 1980 (“Withdrawal Liability Action”).

A

16 motion to relate the Withdrawal Liability Action to this instant action was filed on May 31, 2013.
17 Docket No. 34.
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4.

The parties previously agreed to participate in mediation with the Court appointed

19 mediator James H. Fleming on June 18, 2013. However, the parties have not yet exchanged the
20 information and documents that may help effectuate a settlement at the mediation and the parties
21 seek to attempt to enter into a global settlement of the claims in this instant action and the
22 Withdrawal Liability Action. Accordingly, the parties stipulate to participate in mediation in July
23 and will promptly confirm a date with the mediator.
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5.

Plaintiffs and Defendants Gilroy Construction, Inc., Giacalone Design Services,

25 Inc. will participate in the mediation. The clerk entered default against Defendant Giacalone
26 Electrical Services, Inc. and as such, it will not participate in the mediation. Docket No. 33.
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6.

Based on the foregoing, the parties hereby stipulate to and request to continue the

28 mediation deadline to August 1, 2013, and the Case Management Conference from July 12, 2013,
-2P:\CLIENTS\OE3CL\Giacalone Electrical Services\ADR\Mediation\Stipulation to Continue Mediation and CMC 061013.DOC

STIPULATION RE MEDIATION
Case No.: C12-6178 SI

1 to August 9, 2013. At this time, said extension will not result in a modification of or the deadlines
2 specified in the Court’s Pretrial Preparation Order. (Docket Nos. 25, 26).
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Date: June 10, 2013

SALTZMAN & JOHNSON LAW CORPORATION

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By:

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8 Dated: June 10, 2013

//S//____
Shaamini A. Babu
Attorneys for Plaintiffs

SWEENEY, MASON, WILSON & BOSOMWORTH

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By: ____________//S//____________________
Roger M. Mason
Kristen Green
Attorneys for Defendant Gilroy Construction, Inc.

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Dated: June 10, 2013

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CHARLEY M. STOLL, A PROFESSIONAL
CORPORATION

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By: ____________//S//____________________
Valerie L. Williams
Attorneys for Defendant Giacalone Design
Services, Inc.

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ORDER
IT IS SO ORDERED.
Based on the foregoing, and good cause appearing, the mediation deadline is hereby
extended to August 1, 2013, and the Case Management Conference is continued from July 12,
2013, to August 9, 2013, at 3:00 p.m.

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6/13/13
Date: ____________________

_________________________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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-3P:\CLIENTS\OE3CL\Giacalone Electrical Services\ADR\Mediation\Stipulation to Continue Mediation and CMC 061013.DOC

STIPULATION RE MEDIATION
Case No.: C12-6178 SI