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

Filing 42

ORDER, Motions terminated: Initial Case Management Conference set for 8/9/13 is continued to 9/6/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 7/24/13. (tfS, COURT STAFF) (Filed on 7/25/2013)

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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
Charley M. Stoll, Esq. (SBN 64946)
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.,
Plaintiffs,

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25 vs.

26 GIACALONE ELECTRICAL SERVICES,
INC., et al.,
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Defendants.
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Case No.: C12-6178 SI
STIPULATION AND [PROPOSED
ORDER] TO CONTINUE CASE
MANAGEMENT CONFERENCE
CMC:
Time:
Ctrm:
Location:
Judge

8/9/13
3:00 pm
10 (19th Floor)
450 Golden Gate Avenue
San Francisco, CA
Honorable Susan Illston

-1P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Stipulation to Continue Mediation and CMC 072313.DOC

STIPULATION RE CMC
Case No.: C12-6178 SI

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

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

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On May 29, 2013, the Court entered default against Defendant Giacalone Electrical

5 Services, Inc. Docket. No. 33.
2.

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On June 14, 2013, the Court extended the deadline for mediation to August 1,

7 2013, and continued the Case Management Conference to August 9, 2013, pursuant to the parties’
8 request. Docket No. 37.
3.

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On June 18, 2013, the Court related the instant action to Pension Plan for Pension

10 Trust Fund for Operating Engineers, et al., v. Giacalone Electrical Services, Inc., et al., Case No.
11 CV13-2338 (“Withdrawal Liability Action”). Docket No. 38. Defendants Gilroy Construction,
12 Inc. and Defendant Giacalone Electrical Services, Inc. are also named in the Withdrawal Liability
13 Action along with seven (7) other defendants.
4.

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The parties in the instant action and the Withdrawal Liability Action seek to reach a

15 global settlement. Since the Court last granted a continuance the parties have been attempting to
16 schedule a mediation but there were scheduling conflicts because there are eleven parties involved
17 in both actions.
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5.

Mediation has been scheduled for Thursday August 8, 2013, with the court

19 appointed mediator James Fleming.
6.

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

21 Inc. will participate in the mediation. Vincent Giacalone who is named as a defendant in the
22 Withdrawal Liability Action and owns an interest in many of the corporate defendants named in
23 both actions will also participate in the mediation. It may be necessary to hold a mediation session
24 in the Withdrawal Liability Action if the parties do not settle on August 8, 2013, since certain
25 defendants have not yet been served or appeared in the Withdrawal Liability Action. 1
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As the designated agent for service of process, Vincent Giacalone has not returned an executed Waiver of the

27 Service of Summons for Giacalone Electrical Services, Inc. and Giacalone Mgmt, LLC as requested. Service has been
effectuated on the remaining defendants in the Withdrawal Liability Action i.e. Gilroy Construction, Inc., VLG2,

28 LLC, Luchessa Road, LLC, Ronan Avenue Investors, LLC, Crow Court, LLC, and Vincent and Lisa Giacalone.
-2P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Stipulation to Continue Mediation and CMC 072313.DOC

STIPULATION RE CMC
Case No.: C12-6178 SI

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7.

Holding one Case Management Conference in both actions will result in judicial

2 economy and minimize attorneys’ fees and costs for the parties. Further, counsel for Defendant
3 Giacalone Design Services, Inc. will be out of the country on August 9, 2013.
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8.

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

5 Case Management Conference to coincide with the Case Management Conference scheduled in
6 the Withdrawal Liability Action on August 30, 2013, at 2:30 pm. Withdrawal Liability Action
7 Docket No. 10.
8 Date: July 23, 2013

SALTZMAN & JOHNSON LAW CORPORATION

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By:

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/s/
Shaamini A. Babu
Attorneys for Plaintiffs

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Dated: July 23, 2013

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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17 Dated: July 23, 2013

CHARLEY M. STOLL, A PROFESSIONAL
CORPORATION

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By: ____________ /s/
Charley M. Stoll
Attorneys for Defendant Giacalone Design
Services, Inc.

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ORDER

23 IT IS SO ORDERED.
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Based on the foregoing, and good cause appearing, the Case Management Conference is

SEPTEMBER 6, 2013

25 continued to August 30, 2013, at 2:30 p.m.
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7/25/13
27 Date: ____________________
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_________________________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE
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P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Stipulation to Continue Mediation and CMC 072313.DOC

STIPULATION RE CMC
Case No.: C12-6178 SI