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

Filing 65

ORDER : Further Case Management Conference set for 6/27/14 is continued to 9/12/2014 03:00 PM in Courtroom 10, 19th Floor, San Francisco. Signed by Judge Susan Illston on 6/9/14. Motions terminated: (52 in 3:13-cv-02338-SI) STIPULATION WITH PROPOSED ORDER re (45). (tfS, COURT STAFF) (Filed on 6/9/2014)

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; [PROPOSED] ORDER
17
GIACALONE ELECTRICAL SERVICES,
CMC:
6/27/14
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
20
21
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; [PROPOSED] ORDER

24
vs.
25
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27

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

CMC:
Time:
Ctrm:
Location:
Judge

6/27/14
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 060614.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 060614.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 March 10, 2014, it was indicated that

12 Plaintiffs would take certain depositions. On May 20, 2014, Plaintiffs took the deposition of
13 William Finn, accountant for Defendants.
14

12.

On April 21, 2014, Plaintiffs served discovery on Defendants Vincent Giacalone

15 and Lisa Giacalone and have agreed to an extension until June 23, 2014, for Defendants to respond
16 to said discovery. Upon review of Defendants’ discovery responses, the parties intend to
17 participate in further settlement negotiations.
18

13.

In the event settlement negotiations are unsuccessfully, Plaintiffs intend to file a

19 motion for summary judgment and motion for default judgment to be heard by Friday September
20 19, 2014.
21

14.

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 September 19, 2014, to coincide with the hearing on the motions.
24 Dated: June 6, 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 060614.doc CASE NO. CV 12-6178 SI and CV 13-02338 SI

1 Dated: June 6, 2014

SWEENEY, MASON, WILSON & BOSOMWORTH

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

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4
5

ORDER

6
7 IT IS SO ORDERED.
8

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

9 continued to Friday September 19, 2014. The parties who have appeared in this action and not
10 been defaulted or dismissed must file a Case Management Conference Statement by Friday
11 September 12, 2014.
12
13
6/9/14
14 Date: ____________________

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 060614.doc CASE NO. CV 12-6178 SI and CV 13-02338 SI