Pension Plan for Pension Trust Fund for Operating Engineers et al v. Giacalone Electrical Services, Inc et al
Filing
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ORDER RE: ORAL ARGUMENT ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Illston, Susan) (Filed on 6/23/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,
Plaintiffs,
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v.
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United States District Court
Northern District of California
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Case No. 13-cv-02338-SI
ORDER RE: ORAL ARGUMENT ON
CROSS MOTIONS FOR SUMMARY
JUDGMENT
GIACALONE ELECTRICAL SERVICES,
INC, et al.,
Defendants.
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On June 26, 2015, the Court will hear oral argument on the parties’ cross motions for
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summary judgment. The Court hereby ORDERS the parties to come prepared to discuss: (1)
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whether Cal. Corp. Code § 2011 applies to GES as a dissolved de facto corporation under the
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reasoning articulated in CB Richard Ellis, Inc. v. Terra Nostra Consultants, 230 Cal. App. 4th 405
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(2014); and (2) assuming section 2011 does apply, whether the distributions Vincent Giacalone
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allegedly received are subject to section 2011 liability.
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IT IS SO ORDERED.
Dated: June 23, 2015
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________________________
SUSAN ILLSTON
United States District Judge
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