Pension Plan for Pension Trust Fund for Operating Engineers et al v. Giacalone Electrical Services, Inc et al

Filing 109

ORDER RE: ORAL ARGUMENT ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Illston, Susan) (Filed on 6/23/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 PENSION PLAN FOR PENSION TRUST FUND FOR OPERATING ENGINEERS, et al., Plaintiffs, 9 v. 10 United States District Court Northern District of California 11 12 Case No. 13-cv-02338-SI ORDER RE: ORAL ARGUMENT ON CROSS MOTIONS FOR SUMMARY JUDGMENT GIACALONE ELECTRICAL SERVICES, INC, et al., Defendants. 13 14 On June 26, 2015, the Court will hear oral argument on the parties’ cross motions for 15 summary judgment. The Court hereby ORDERS the parties to come prepared to discuss: (1) 16 whether Cal. Corp. Code § 2011 applies to GES as a dissolved de facto corporation under the 17 reasoning articulated in CB Richard Ellis, Inc. v. Terra Nostra Consultants, 230 Cal. App. 4th 405 18 (2014); and (2) assuming section 2011 does apply, whether the distributions Vincent Giacalone 19 allegedly received are subject to section 2011 liability. 20 21 22 IT IS SO ORDERED. Dated: June 23, 2015 23 24 25 26 27 28 ________________________ SUSAN ILLSTON United States District Judge

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