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

Filing 58

ORDER,Further Case Management Conference set for 1/17/14 is continued to 3/28/2014 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 1/13/14. Motions terminated: 57 STIPULATION WITH PROPOSED ORDER re [ 52] Case Management Conference - Further, Set Hearings,, Stipulated Request to Continue Case Management Conference filed by F. G. Crosthwaite, Heavy and Highway Committee, Operating Engineers and Participating Employers Pre-Apprentices hip, 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 1/13/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Shaamini A. Babu. Esq. (SBN 230704)
2 SALTZMAN & JOHNSON LAW
CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 [phone] phone
[phone] fax
5 [e-mail]
[e-mail]
6 Attorneys for Plaintiffs
7 Roger M. Mason, Esq.
SWEENEY, MASON, WILSON &
8 BOSOMWORTH
983 University Avenue, Suite 104C
9 Los Gatos, CA 95032-7637
408-356-3000 phone
10 408-354-8839 fax
Email: [e-mail]
11 Attorneys for Defendant Gilroy Construction, Inc.

Amy Jensen (SBN 226589)
Hinshaw & Culbertson LLP
One California Street, 18th Floor
San Francisco, CA 94111
415-362-6000 phone
415-834-9070 fax
[e-mail]
Attorneys for Defendants Vincent Giacalone
and Lisa Giacalone

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

13

14 F.G. CROSTHWAITE, et al.,
Plaintiffs,

15
16 vs.

17 GIACALONE ELECTRICAL SERVICES,
INC., et al.,
18
Defendants.
19

Case No.: C12-6178 SI
STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE
CMC:
Time:
Ctrm:
Location:
Judge

1/17/14
3:00 pm
10 (19th Floor)
450 Golden Gate Avenue
San Francisco, CA
Honorable Susan Illston

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PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,

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Plaintiffs,
vs.
GIACALONE ELECTRICAL SERVICES,
INC., et al.,
Defendants.

Case No.: CV 13-02338-SI
STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE
CMC:
Time:
Ctrm:
Location:
Judge

1/17/14
3:00 pm
10 (19th Floor)
450 Golden Gate Avenue
San Francisco, CA
Honorable Susan Illston

28

P:\CLIENTS\OE3WL\CASES\Giacalone\CMC\Request to Continue CMC 010714.doc

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STIPULATED REQUEST TO CONTINUE CMC
CASE NO. CV 12-6178 SI and CV 13-02338 SI

1

In accordance with Rule 16 and 26(f) of the Federal Rules of Civil Procedure, Northern

2 District Local Rule 16-9, Standing Order for All Judges of the Northern District of California, and
3 Honorable Susan Illston’s Case Management Order, the parties hereto submit this Stipulated
4 Request to Continue the Case Management Conference.
5 Related Actions
6

1.

On June 18, 2013, the Court related Crosthwaite v. Giacalone Electrical Services,

7 Inc., et al., Case No. CV12-6178 SI (“Contributions Action”) to Pension Plan for Pension Trust
8 Fund for Operating Engineers, et al., v. Giacalone Electrical Services, Inc., et al., Case No.
9 CV13-2338 (“Withdrawal Liability Action”). Docket No. 38.
10

2.

In the Contributions Action, Plaintiffs seek delinquent contributions and other

11 related sums in excess of $850,000 found due to the Operating Engineers Trust Funds (“Trust
12 Funds”) upon audit of the records of Defendant Giacalone Electrical Services, Inc. (“Giacalone
13 Electrical”) for the time period January 1, 2005, through July 24, 2009.
14

3.

In the Withdrawal Liability Action, Plaintiffs seek withdrawal liability of

15 $2,231,762 and other related sums as a result of Defendant Giacalone Electrical’s withdrawal from
16 the Pension Plan for Pension Trust Fund for Operating Engineers (“Plan”).
17 Defendants
18

4.

Defendant Giacalone Electrical was named in the Contributions Action and the

19 Withdrawal Liability Action, and the Court entered default against said defendant in both actions.
20 Docket. Nos. 33 and 22, respectively.
21

5.

Defendants Giacalone McDermott Management, LLC, Luchessa Road, LLC,

22 Ronan Avenue Investors, LLC were named only in the Withdrawal Liability Action, and the Court
23 entered default against said defendants. Docket Nos. 22, and 30.
24

6.

Defendant Giacalone Design Services, Inc. was only named in the Contributions

25 Action and has been dismissed. Docket No. 54.
26

7.

Defendants VLG2, LLC, and Crow Court LLC, were only named in the

27 Withdrawal Liability Action and have been dismissed. Docket No. 39.
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P:\CLIENTS\OE3WL\CASES\Giacalone\CMC\Request to Continue CMC 010714.doc

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STIPULATED REQUEST TO CONTINUE CMC
CASE NO. CV 12-6178 SI and CV 13-02338 SI

8.

A mediation was held on December 11, 2013, with court appointed mediator James

2 Fleming.

Plaintiffs and Defendants Gilroy Construction, Inc., Vincent Giacalone and Lisa

1

3 Giacalone participated in the mediation.
4

9.

As a result of the mediation Plaintiffs and Defendant Gilroy agreed to a settlement.

5 Docket No. 56. The execution of the settlement agreement is pending and upon full and timely
6 satisfaction of the terms of the settlement agreement Defendant Gilroy will be dismissed from the
7 Contributions Action and the Withdrawal Liability Action.
8

10.

Defendants Vincent Giacalone and Lisa Giacalone were only named it the

9 Withdrawal Liability Action. Plaintiffs and Defendants Vincent Giacalone and Lisa Giacalone
10 will continue settlement negotiations. Docket No. 56. Plaintiffs anticipate subpoenaing further
11 documents from their accountant and/or taking his deposition in order to facilitate settlement
12 discussions.
13

11.

There are no other Defendants named in either action.

14

12.

After further settlement negotiations and upon completion of any further necessary

15 written discovery and depositions, Plaintiffs and the remaining Defendants will decide if any
16 motion work is required.
17

13.

Based on the foregoing, the parties who have appeared in this action and not been

18 defaulted or dismissed hereby request to continue the Case Management Conference to Friday
19 March 21, 2014, at 3:00 p.m.
20
21 Dated: January 7, 2014

SALTZMAN & JOHNSON LAW CORPORATION

22
By: _____________/s/________________________
Shaamini A. Babu, Esq.
Attorney for Plaintiffs

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P:\CLIENTS\OE3WL\CASES\Giacalone\CMC\Request to Continue CMC 010714.doc

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STIPULATED REQUEST TO CONTINUE CMC
CASE NO. CV 12-6178 SI and CV 13-02338 SI

1 Dated: January 7, 2014

SWEENEY, MASON, WILSON & BOSOMWORTH

2
By: _____________/s/________________________
Roger M. Mason
Attorneys for Defendant Gilroy Construction, Inc.

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4
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Dated: January 17, 2017

HINSHAW CULBERSTON LLP

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By: _____________/s/________________________
Amy Jensen, Esq.
Attorneys for Defendants for Vincent Giacalone
and Lisa Giacalone

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ORDER

12 IT IS SO ORDERED.
13

Based on the foregoing and good cause appearing, the Case Management Conference is
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14 continued to Friday March 21, 2014, at 3:00 p.m. The parties who have appeared in this action
15 and not been defaulted or dismissed must file a Case Management Conference Statement by
21

16 Friday March 14, 2014.
17
18
1/13/14

19 Date: ____________________
20

_________________________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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STIPULATED REQUEST TO CONTINUE CMC
CASE NO. CV 12-6178 SI and CV 13-02338 SI