STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

SUSAN ILLSTON, District Judge.

In accordance with Rule 16 and 26(f) of the Federal Rules of Civil Procedure, Northern District Local Rule 16-9, Standing Order for All Judges of the Northern District of California, and Honorable Susan Illston's Case Management Order, the parties hereto submit this Stipulated Request to Continue the Case Management Conference.

Related Actions

1. On June 18, 2013, the Court related Crosthwaite v. Giacalone Electrical Services, Inc., et al., Case No. CV12-6178 SI ("Contributions Action") to Pension Plan for Pension Trust Fund for Operating Engineers, et al., v. Giacalone Electrical Services, Inc., et al., Case No. CV13-2338 ("Withdrawal Liability Action"). Docket No. 38.

2. In the Contributions Action, Plaintiffs seek delinquent contributions and other related sums in excess of $850,000 found due to the Operating Engineers Trust Funds ("Trust Funds") upon audit of the records of Defendant Giacalone Electrical Services, Inc. ("Giacalone Electrical") for the time period January 1, 2005, through July 24, 2009.

3. In the Withdrawal Liability Action, Plaintiffs seek withdrawal liability of $2,231,762 and other related sums as a result of Defendant Giacalone Electrical's withdrawal from the Pension Plan for Pension Trust Fund for Operating Engineers ("Plan").

Defendants

8. A mediation was held on December 11, 2013, with court appointed mediator James Fleming. Plaintiffs and Defendants Gilroy Construction, Inc. ("Gilroy"), Vincent Giacalone and Lisa Giacalone participated in the mediation.

9. As a result of the mediation Plaintiffs and Defendant Gilroy agreed to a settlement. Docket No. 56. The terms of the settlement solely with Defendant Gilroy have been satisfied in full and a dismissal of Defendant Gilroy pursuant to stipulation is being filed concurrently herewith.

10. Defendants Vincent Giacalone and Lisa Giacalone were only named it the Withdrawal Liability Action and are the only remaining Defendants who have appeared in said action.

11. In the Stipulated Request to Continue filed on March 10, 2014, it was indicated that Plaintiffs would take certain depositions. On May 20, 2014, Plaintiffs took the deposition of William Finn, accountant for Defendants.

12. On April 21, 2014, Plaintiffs served discovery on Defendants Vincent Giacalone and Lisa Giacalone and have agreed to an extension until June 23, 2014, for Defendants to respond to said discovery. Upon review of Defendants' discovery responses, the parties intend to participate in further settlement negotiations.

13. In the event settlement negotiations are unsuccessfully, Plaintiffs intend to file a motion for summary judgment and motion for default judgment to be heard by Friday September 19, 2014.

14. Based on the foregoing, the parties who have appeared in this action and not been defaulted or dismissed hereby request to continue the Case Management Conference to Friday September 19, 2014, to coincide with the hearing on the motions.

ORDER

IT IS SO ORDERED.

Based on the foregoing and good cause appearing, the Case Management Conference is continued to Friday September 19, 2014. The parties who have appeared in this action and not been defaulted or dismissed must file a Case Management Conference Statement by Friday September 12, 2014.