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

Filing 61

ORDER: Further Case Management Conference set for 3/21/14 is continued to 6/27/2014 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 3.10/14., Motions terminated: (60 in 3:12-cv-06178-SI) STIPULATION WITH PROPOSED ORDER re (59) Clerks Notice, Stipulated Request To Continue Case Management Conference filed by F. G. Crosthwaite, Heavy and Highway Committee, Operating Engineers and Participating Employers Pre-Apprenticeship, Apprentice an d 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 Operat ing Engineers, AFL-CIO, (44 in 3:13-cv-02338-SI) STIPULATION WITH PROPOSED ORDER re (43) Clerks Notice, Stipulated Request To Continue Case Management Conference filed by Richard Piombo, Pension Plan for Pension Trust Fund for Operating Engineers, Russell E. Burns. (tfS, COURT STAFF) (Filed on 3/11/2014)

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 Defendants Vincent Giacalone and
Lisa Giacalone
12
UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
F.G. CROSTHWAITE, et al.,
Case No.: C12-6178 SI
15
Plaintiffs,
STIPULATED REQUEST TO
16
CONTINUE CASE MANAGEMENT
vs.
CONFERENCE
17
GIACALONE ELECTRICAL SERVICES,
CMC:
3/21/14
Time:
3:00 pm
18 INC., et al.,
Ctrm:
10 (19th Floor)
Defendants.
Location:
450 Golden Gate Avenue
19
San Francisco, CA
Judge
Honorable Susan Illston
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22

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

23
Plaintiffs,

Case No.: CV 13-02338-SI
STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE

24
vs.
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GIACALONE ELECTRICAL SERVICES,
INC., et al.,
Defendants.

CMC:
Time:
Ctrm:
Location:
Judge

3/21/14
3:00 pm
10 (19th Floor)
450 Golden Gate Avenue
San Francisco, CA
Honorable Susan Illston

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1
STIPULATED REQUEST TO CONTINUE CMC
P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Request to Continue CMC 030614.doc 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. 22 and 33, 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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STIPULATED REQUEST TO CONTINUE CMC
P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Request to Continue CMC 030614.doc CASE NO. CV 12-6178 SI and CV 13-02338 SI

8.

1

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

2 Fleming. Plaintiffs and Defendants Gilroy Construction, Inc. (“Gilroy”), Vincent Giacalone and
3 Lisa Giacalone participated in the mediation.
9.

4

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

5 Docket No. 56. The terms of the settlement solely with Defendant Gilroy have been satisfied in
6 full and a dismissal of Defendant Gilroy pursuant to stipulation is being filed concurrently
7 herewith.
10.

8

Defendants Vincent Giacalone and Lisa Giacalone were only named it the

9 Withdrawal Liability Action and are the only remaining Defendants who have appeared in said
10 action.
11

11.

In the Stipulated Request to Continue filed on January 1, 2014, it was indicated that

12 Plaintiffs anticipated subpoenaing further documents from Defendants’ accountant and/or taking a
13 deposition in order to facilitate settlement discussions.

Since that time Plaintiffs’ auditor has

14 reviewed numerous files provided by Defendants’ accountant and as a result, Plaintiffs have
15 determined that it is necessary to take the deposition of Lisa Burns, bookkeeper for Defendants,
16 and William Finn, accountant for Defendants. Plaintiffs intend to notice these two (2) depositions
17 to take place by June 1, 2014 i.e. one deposition in April and one deposition in May.
18

12.

After further settlement negotiations upon completion of any further necessary

19 written discovery and depositions, Plaintiffs and the remaining Defendants will decide if any
20 motion work is required.
21

13.

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

22 defaulted or dismissed hereby request to continue the Case Management Conference to Friday
23 June 27, 2014, at 3:00 p.m.
24 Dated: March 10, 2014

SALTZMAN & JOHNSON LAW CORPORATION

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

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STIPULATED REQUEST TO CONTINUE CMC
P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Request to Continue CMC 030614.doc CASE NO. CV 12-6178 SI and CV 13-02338 SI

1 Dated: March 10, 2014

SWEENEY, MASON, WILSON & BOSOMWORTH

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

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4
5
6

ORDER

7 IT IS SO ORDERED.
8

Based on the foregoing and good cause appearing, the Case Management Conference is

9 continued to Friday June 27, 2014, at 3:00 p.m. The parties who have appeared in this action and
10 not been defaulted or dismissed must file a Case Management Conference Statement by Friday
11 June 20, 2014.
12
13
14 Date: ____________________
3/10/14
15

_________________________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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STIPULATED REQUEST TO CONTINUE CMC
P:\CLIENTS\OE3CL\Giacalone Electrical Services\CMC\Request to Continue CMC 030614.doc CASE NO. CV 12-6178 SI and CV 13-02338 SI