Service Employees International Union National Industry Pension Fund et al v. GCA Services Group, Inc. et al

Filing 43

ORDER CONTINUING CMC. Case Management Statement due by 5/21/2015. Case Management Conference set for 5/28/2015 10:00 AM. Signed by Judge Maria-Elena James on 3/6/2015. (cdnS, COURT STAFF) (Filed on 3/6/2015)

1 PHILIP M. MILLER (SBN 87877)
ANNE M. BEVINGTON (SBN 111320)
2 KIMBERLY A. HANCOCK (SBN 205567)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6
Attorneys for Plaintiffs
7
STEVEN M. CVITANOVIC (SBN 168031)
8 JESSICA M. LASSERE RYLAND (SBN 286724)
HAIGHT BROWN & BONESTEEL LLP
9 Three Embarcadero Center, Suite 200
San Francisco, CA 94111-4005
10 Telephone: [phone]
Facsimile: 415.546.7505
11
Attorneys for Defendants GCA SERVICES
GROUP, INC., a Delaware corporation;
12 and ACME BUILDING MAINTENANCE CO.,
INC., a California corporation
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16 SERVICE EMPLOYEES INTERNATIONAL
UNION NATIONAL INUDSTRY PENSION
17 FUND; STEPHEN ABRECHT, Trustee;
RODERICK S. BASHIR, Trustee; KEVIN J.
18 DOYLE, Trustee; DAVID A. STILWELL,
Trustee; STEVEN W. FORD, Trustee;
19 LARRY T. SMITH, Trustee; FRANK A.
MASON, Trustee; EDWARD MANKO,
20 Trustee; JOHN J. SHERIDAN, Trustee; JOHN
J. SHERIDAN, Trustee; and MYRIAM
21 ESCAMILLA, Trustee,
22
23

Plaintiffs,
v.

24 GCA SERVICES GROUP, INC., a Delaware
corporation; and ACME BUILDING
25 MAINTENANCE CO., INC., a California
corporation,
26
Defendants.
27
28

CASE NO. CV 13 03078 MEJ
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT;
STIPULATION AND JOINT REQUEST
TO EXTEND DATE FOR COMPLETION
OF MEDIATION; [PROPOSED] ORDER
THEREON
Date:
Time:
Judge:
Courtroom:

March 12, 2015
10:00 a.m.
Hon. Maria-Elena James
B, Fifteenth Floor
450 Golden Gate Avenue
San Francisco, CA

Complaint filed: July 3, 2013

-1JOINT CMC STATEMENT; JOINT REQUEST TO EXTEND
MEDIATION DEADLINE; [PROPOSED] ORDER
CASE NO. CV 13-03078 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\GCA-ACME BLDG MAINT\Pleadings\CMC\3-5-15 FINAL Joint CMC Statement.doc

1

Pursuant to Rule 16-10(d) of the Local Rules of this Court, Plaintiffs Service Employees

2 International Union National Industry Pension Fund (the “Fund”) and its Trustees jointly with
3 Defendants GCA Services Group, Inc. (“GCA”), and Acme Building Maintenance Co., Inc.
4 (“Acme”) (collectively “Defendants), submit this updated Joint Case Management Conference
5 Statement and Stipulation to Continue Case Management Conference set for March 12, 2015.
6
1. Progress or changes since last Case Management Statement
7
A. Audit Completed
8
The Fund has completed its payroll audit of defendants. Based on audit findings, the amount
9
of plaintiffs’ claim as of February 28, 2015 is as follows:
10
11
12
13
14
15
16

$296,108.97
$169,407.22
$169,407.22
$33,850.89
$744.39
$4,116.00

Unpaid contributions from audit, including surcharges (§ 502(g)(2)(A))
Interest on unpaid contributions-audit (§ 502(g)(2)(B))
Amount equal to interest-audit (§ 502(g)(2)(C))
Reasonable attorney’s fees as of February 28, 2015 (§ 502(g)(2)(D))
Costs of suit (§ 502(g)(2)(D))
Testing Fee (§ 502(g)(2)(E), Operating Engineers Pension Trust v. A-C
Co., 859 F.2d 1336, 1343 (9th Cir. 1988))
$673,634.69 Total audit claim as of February 28, 2015
In January 2015, defendants provided plaintiffs with a preliminary response to its audit

17 results. Defendants contend that the vast majority of plaintiffs’ damages are barred by the four-year
18 statute of limitations. Following mediation in January, Defendants are in the process of conducting a
19 joint review with plaintiffs’ representatives of the amount of purportedly unpaid contributions found
20 in the audit, and anticipate challenging any amounts that they contend were found in error. The
21 parties anticipate that defendants will provide plaintiffs with a detailed response to the audit, with
22 supporting documentation. Plaintiffs anticipate that they may revise the audit if Defendants present
23 meritorious and documented challenges as to any of the contributions found due.
24
25

B. ADR
The parties participated in a mediation session on January 28, 2015. As reported by the

26 mediator (Docket No. 41), the mediation process is continuing, with a further mediation session
27 scheduled for May 7, 2015.
28

-2JOINT CMC STATEMENT; JOINT REQUEST TO EXTEND
MEDIATION DEADLINE; [PROPOSED] ORDER
CASE NO. CV 13-03078 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\GCA-ACME BLDG MAINT\Pleadings\CMC\3-5-15 FINAL Joint CMC Statement.doc

1

2. Proposals for case development process.

2

The parties continue to anticipate that this matter will be resolved through the mediation

3 process. The parties propose that a Case Management Conference be set for a date shortly after May
4 7, 2015, the date of the scheduled mediation session, to report to the Court on the status of the
5 matter and to set a trial date should the mediation be unsuccessful.
6

3. Joint request to extend date to complete mediation to May 7, 2015.

7

The parties hereby stipulate and jointly request that the Court extend the date to complete

8 mediation to May 7, 2015.
9 Dated: March 5, 2015

SALTZMAN & JOHNSON LAW CORPORATION

10
_________/S/________________________
By: Anne M. Bevington
Attorneys for Plaintiffs

11
12
13
14 Dated: March 5, 2015

HAIGHT BROWN & BONESTEEL LLP

15
________/S/_________________________
By: Jessica M. Lassere Ryland
Attorneys for Defendants

16
17
18
19

DECLARATION OF ANNE M. BEVINGTON

20
Pursuant to ECF General Order 45, I, Anne M. Bevington, declare as follows:
21
1.

The signatory listed above, Jessica M. Lassere Ryland, of the law firm of Haight

22
Brown & Bonesteel LLP, is an attorney of record for Defendants GCA Services Group, Inc., a
23
Delaware corporation; and Acme Building Maintenance Co., Inc., a California corporation;
24
2.

Concurrent with the e-filing of the within Joint Case Management Conference

25
Statement, authority was obtained from Jessica M. Lassere Ryland in lieu of her signature on the
26
Stipulation;
27
28

-3JOINT CMC STATEMENT; JOINT REQUEST TO EXTEND
MEDIATION DEADLINE; [PROPOSED] ORDER
CASE NO. CV 13-03078 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\GCA-ACME BLDG MAINT\Pleadings\CMC\3-5-15 FINAL Joint CMC Statement.doc

1

3.

The Law Offices of Saltzman & Johnson maintain a record to support this

2 concurrence for subsequent production for this court if so ordered for inspection upon request by a
3 party until one year after final resolution of the within action, including appeal, if any.
4

I declare under penalty of perjury that the foregoing is true and correct and that this

5 declaration was signed this 5th day of March, 2015, at San Francisco, California.
6
_____/S/_________________________
Anne M. Bevington

7
8

ORDER

9
10

Based on the foregoing Joint Case Management Statement and Stipulation and Joint

11 Request to Extend Date for Completion of Mediation, and good cause appearing, it is hereby
12 ordered that the parties shall complete the Mediation on or before May 7, 2015 and a Case
May 28
13 Management Conference shall be held on ____________________, 2015, at 10:00 a.m.
with Joint CMC statement due May 21.
IT IS SO ORDERED.
14
15 Dated: March 6, 2015

_________________________________

16

HONORABLE MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

-4JOINT CMC STATEMENT; JOINT REQUEST TO EXTEND
MEDIATION DEADLINE; [PROPOSED] ORDER
CASE NO. CV 13-03078 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\GCA-ACME BLDG MAINT\Pleadings\CMC\3-5-15 FINAL Joint CMC Statement.doc