Castaneda

ORDER CLARIFYING ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND SETTING PRETRIAL CONFERENCE AND TRIAL DATES

BACKGROUND

Plaintiffs in this action brought suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., against their former employer, defendant Rick J. Baldan, an individual dba Baldan Construction, for wrongfully withholding contributions to an employee pension plan. The plaintiffs also sued Robert E. Winterton, Executive Vice President of the Associated Builders and Contractors of San Diego, Inc., and The Associated Builders and Contractors of San Diego, Inc. Prevailing Wage Pension Plan for Rick J. Baldan dba Baldan Construction (the “Baldan Plan”), an employee pension plan within the meaning of 29 U.S.C. § 1002 (2)(A).

The complaint was filed on December 30, 1994. Winterton and the Baldan Plan filed answers to the complaint. Baldan never filed a response to the complaint, and a default was entered against him on March 24, 1995. On November 1,1995, Winterton filed a third-party complaint for indemnity against The Epler Company, a benefits and actuarial consulting firm who had acted as administrators, consultants, and advisors to the…