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

Filing 81

ORDER, Motions terminated: 80 STIPULATION WITH PROPOSED ORDER re 79 Terminate Hearings, Order Setting Settlement Conference, 64 Pretrial Order Stipulated Request to Continue Pre-Trial Deadlines and Trial Date; and [Proposed] Order filed by Richard Piombo, Pension Plan for Pension Trust Fund for Operating Engineers, Russell E. Burns. Final Pretrial Conference set for 12/1/2015 03:30 PM in Courtroom 10, 19th Floor, San Francisco. Jury Selection set for 12/14/2015 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 12/14/2015 08:30 AM before Hon. Susan Illston.. Signed by Judge Susan Illston on 2/3/15. (tfS, COURT STAFF) (Filed on 2/3/2015)

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
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,
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Case No.: CV 13-02338-SI
STIPULATED REQUEST TO
CONTINUE PRE-TRIAL DEADLINES
AND TRIAL DATE; AND [PROPOSED]
ORDER

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

Pretrial Conf.: April 28, 2015 at 3:30 p.m.
Trial:
May 11, 2015 at 8:30 a.m.

Defendants.

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The parties through their counsel of record hereby stipulate as follows with respect to the

24 pre-trial deadlines and trial date in this action.
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1.

Plaintiffs filed this action on May 22, 2013, to recover withdrawal liability owed by

26 Defendants and all other controlled group members under the Employee Retirement Income
27 Security Act of 1974 (“ERISA”). This Court entered a Pretrial Preparation Order on October 1,
28 2014. Docket No. 64.
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STIPULATED REQUEST TO CONTINUE DEADLINES
P:\CLIENTS\OE3WL\CASES\Giacalone\Trial\Stipulation to Continue Trial Date 020215.doc
CASE NO. CV 13-02338 SI

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2.

Plaintiffs served Special Interrogatories and Request for Production of Documents,

2 Set Two, on Defendants Vincent Giacalone and Lisa Giacalone on December 5, 2014. Defendants
3 served responses to Special Interrogatories and Request for Production of Documents, Set Two, on
4 Plaintiffs on January 16, 2015. Defendants will supplement their responses to said Set Two
5 discovery and produce additional documents by February 13, 2015.
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3.

This case was referred to Magistrate Judge Donna M. Ryu for settlement purposes.

7 Docket No. 76.
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4.

The Settlement Conference with Judge Donna M. Ryu has been scheduled for

9 April 3, 2015. Docket No. 79.
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5.

In order to have sufficient opportunity to possibly settle this matter and due to the

11 unavailability of Plaintiffs’ counsel from July through October 2015, the parties hereby stipulate
12 to modify the Pretrial Preparation Order (Dkt. 64) as follows:
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Non-Expert Discovery Cutoff
(including hearing on discovery
motions, if any)
Designation of Experts and
Expert Discovery Cutoff
Settlement Conference
Dispositive Motion
Opposition to Dispositive Motion
Reply to Dispositive Motion
Hearing on Dispositive Motion
Pretrial Conference
Trial
(estimated to be 1-2 days)

Original Deadline
1/30/15

New Deadline
3/27/15

n/a

n/a

n/a
4/3/15
2/13/15
5/1/15
2/27/15
5/14/15
3/6/15
5/22/15
No later than 3/20/15
No later than 6/5/15 at
at 9:00 am
12/1/159:00 am
4/28/15 at 3:30 p.m.
12/4/15 at 3:30 pm
5/11/15 at 8:30 a.m.
12/18/15 at 8:30 am
Courtroom 10, 19th Floor 12/14/15

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23 Dated: February 2, 2015

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 DEADLINES
P:\CLIENTS\OE3WL\CASES\Giacalone\Trial\Stipulation to Continue Trial Date 020215.doc
CASE NO. CV 13-02338 SI

1 Dated: February 2, 2015

SWEENEY, MASON, WILSON & BOSOMWORTH

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By: _______//S//___________________________
Roger M. Mason
Attorney for Defendants Vincent Giacalone and
Lisa Giacalone

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ORDER
Based on the foregoing, and good cause appearing, the Pretrial Preparation Order entered

8 on October 1, 2014 (Dkt. 64), is hereby modified as stipulated above. as amended.
9 IT IS SO ORDERED.
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2/3/15

11 Date: _________________
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_________________________________________________
SUSAN ILLSTON
United States District Court Judge

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STIPULATED REQUEST TO CONTINUE DEADLINES
P:\CLIENTS\OE3WL\CASES\Giacalone\Trial\Stipulation to Continue Trial Date 020215.doc
CASE NO. CV 13-02338 SI