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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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: (415) 882-7900 Facsimile: (415) 882-9287 mstafford@sjlawcorp.com sbabu@sjlawcorp.com 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: (805) 389-5296 Facsimile: (805) 389-5288 vwilliams@cmsapc.com 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: (408) 356-3000 Facsimile: (408) 354-8839 RMason@smwb.com Attorneys for Defendant Gilroy Construction, Inc. 19 UNITED STATES DISTRICT COURT 20 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, 24 25 vs. 26 GIACALONE ELECTRICAL SERVICES, INC., et al., 27 Defendants. 28 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 1 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: 4 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. 6 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. 11 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. 18 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. 24 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. 27 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). 3 4 Date: June 10, 2013 SALTZMAN & JOHNSON LAW CORPORATION 5 By: 6 7 8 Dated: June 10, 2013 //S//____ Shaamini A. Babu Attorneys for Plaintiffs SWEENEY, MASON, WILSON & BOSOMWORTH 9 By: ____________//S//____________________ Roger M. Mason Kristen Green Attorneys for Defendant Gilroy Construction, Inc. 10 11 12 Dated: June 10, 2013 13 CHARLEY M. STOLL, A PROFESSIONAL CORPORATION 14 By: ____________//S//____________________ Valerie L. Williams Attorneys for Defendant Giacalone Design Services, Inc. 15 16 17 18 19 20 21 22 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. 23 24 25 6/13/13 Date: ____________________ _________________________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE 26 27 28 -3P:\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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