Global Ampersand, LLC v. Crown Engineering and Construction Inc.

Filing 130

STIPULATION and ORDER signed by Judge Oliver W. Wanger on 9/17/2009, regarding Motion by Global Ampersand, LLC and D.E. Shaw Synoptic Portfolios 3, LLC for Partial Summary Judgment on the Fourth and Fifth Causes of Action of Crown Engineering and Construction, Inc.'s Counterclaim. (Verduzco, M)

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1 MICHAEL J. JURKOVICH #148895 AMANDA G. HEBESHA # 234214 2 KIMBLE, MacMICHAEL & UPTON A Professional Corporation 3 5260 North Palm, Suite 221 Post Office Box 9489 4 Fresno, CA 93792-9489 Telephone: (559) 435-5500 5 Facsimile: (559) 435-1500 6 John C. Lynch, Esq. (VSB No. 39267) (admitted pro hac vice) Jeffrey H. Gray (VSB No. 22304) (admitted pro hac vice) 7 Ethan G. Ostroff (VSB No. 71610) (admitted pro hac vice) TROUTMAN SANDERS LLP 8 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 9 Telephone: (757) 687-7788 Facsimile: (757) 687-1551) 10 Attorneys for Plaintiff and Counter Defendant 11 GLOBAL AMPERSAND, LLC and Third-Party Defendant D.E. SHAW SYNOPTIC PORTFOLIOS 3 LLC 12 MICHAEL A. PETERS #202784 13 LAW FIRM OF MICHAEL A. PETERS, APC 31371 Rancho Viejo Road, Suite 202 14 San Juan Capistrano, CA 92675-1849 Telephone: (949) 218-1040 15 Facsimile: (949) 218-1041 16 Attorneys for Defendant CROWN ENGINEERING AND CONSTRUCTION, INC. 17 18 19 20 21 22 23 24 25 26 27 28 CAPTION CONTINUED PDF created with pdfFactory trial version www.pdffactory.com 1 Stipulation and Order Regarding Motion by Global Ampersand, LLC and D. E. Shaw Synoptic Portfolios 3, LLC for Partial Summary Judgment on the Fourth and Fifth Causes of Action of Crown Engineering and Construction, Inc.'s Counterclaim 1 2 3 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION *** ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:07-CV-01692-OWW-GSA STIPULATION AND ORDER REGARDING MOTION BY GLOBAL AMPERSAND, LLC AND D. E. SHAW SYNOPTIC PORTFOLIOS 3, LLC FOR PARTIAL SUMMARY JUDGMENT ON THE FOURTH AND FIFTH CAUSES OF ACTION OF CROWN ENGINEERING AND CONSTRUCTION, INC.'S COUNTERCLAIM 5 GLOBAL AMPERSAND, LLC, 6 7 vs. Plaintiff, 8 CROWN ENGINEERING AND CONSTRUCTION, INC., 9 Defendant. 10 11 12 13 14 15 16 17 AND RELATED CROSS-CLAIM. Date: September 10, 2009 Time: 9 a.m. Courtroom: 3 Judge: Oliver W. Wanger Plaintiff and Counterclaim Defendant Global Ampersand, LLC and Counterclaim 18 Defendant D.E. Shaw Synoptic Portfolios 3, LLC, and Defendant and Counterclaimant Crown 19 Engineering and Construction, Inc. hereby stipulate and agree as follows: 20 WHEREAS, on July 31, 2009, the motion by Global Ampersand, LLC and D.E. Shaw 21 Synoptic Portfolios 3, LLC, for partial summary judgment on the fourth [Claim of Foreclosure of 22 Mechanic's Lien] and fifth [Claim of Enforcement of Stop Notice] causes of action of defendant 23 Crown Engineering and Construction, Inc's counterclaim was filed with this Court; 24 25 WHEREAS, on September 10, 2009, the subject motion was heard by the Court; WHEREAS, during the hearing the Court granted the subject motion with respect to the 26 fourth cause of action for foreclosure of mechanic's lien; 27 /// 28 2 Stipulation and Order Regarding Motion by Global Ampersand, LLC and D. E. Shaw Synoptic Portfolios 3, LLC for Partial Summary Judgment on the Fourth and Fifth Causes of Action of Crown Engineering and Construction, Inc.'s Counterclaim PDF created with pdfFactory trial version www.pdffactory.com 1 WHEREAS, the Court reserved ruling on the fifth cause of action for enforcement of stop 2 notice and requested supplemental briefing from Global Ampersand, LLC and D.E. Shaw 3 Synoptic Portfolios 3, LLC, to be filed by September 15, 2009; 4 WHEREAS, subsequent to the hearing on the subject motion the parties conferred and 5 Crown Engineering and Construction, Inc. has agreed to stipulate to the granting of the motion by 6 Global Ampersand, LLC and D.E. Shaw Synoptic Portfolios 3, LLC, for partial summary 7 judgment on the fifth cause of its counterclaim, namely, its Claim of Enforcement of Stop Notice, 8 on the conditions set forth below; 9 NOW, THEREFORE, the parties stipulate and agree as follows, and that the court may 10 issue an order in the form which follows: 11 1. This court may enter judgment in favor of moving parties Global Ampersand LLC 12 and D.E. Shaw Synoptic Portfolios 3, LLC and against Crown Engineering and Construction, 13 Inc., on the fifth cause of its counterclaim (Claim of Enforcement of Stop Notice); and 14 15 16 IT IS SO STIPULATED: 17 Dated: September 11, 2009. 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and Order Regarding Motion by Global Ampersand, LLC and D. E. Shaw Synoptic Portfolios 3, LLC for Partial Summary Judgment on the Fourth and Fifth Causes of Action of Crown Engineering and Construction, Inc.'s Counterclaim 2. Each of the parties agree to waive costs as to the subject motion only. KIMBLE, MacMICHAEL & UPTON A Professional Corporation /s/ Amanda G. Hebesha By:____________________________________ AMANDA G. HEBESHA Attorneys for Plaintiff and Counter Defendant GLOBAL AMPERSAND LLC and Third Party Defendant D. E. SHAW SYNOPTIC PORTFOLIOS 3, LLC PDF created with pdfFactory trial version www.pdffactory.com 1 Dated: September 11, 2009. 2 3 4 5 6 7 8 LAW FIRM OF MICHAEL A. PETERS, APC /s/ Michael A. Peters By:__________________________________ MICHAEL A. PETERS Attorneys for Defendant and Counter Claimant CROWN ENGINEERING AND CONSTRUCTION, INC. ORDER IT IS ORDERED that the motion for partial summary judgment be and hereby is granted 9 based upon Federal Rule of Civil Procedure 56 upon the grounds that the fourth and fifth causes 10 of action have no merit, there are no triable issues of material facts, and Global Ampersand, LLC 11 and D.E. Shaw Synoptic Portfolios 3, LLC, are entitled to judgment as a matter of law on those 12 causes of action. 13 IT IS ORDERED that as a result of the Stipulation between the parties set forth above, the 14 Court's request for supplemental briefing by Global Ampersand, LLC and D.E. Shaw Synoptic 15 Portfolios 3, LLC, is no longer necessary. 16 IT IS ORDERED that each party will bear their own costs regarding the subject motion. /s/ OLIVER W. WANGER _____ Oliver W. Wanger Judge of the United States District Court 17 Dated: September 17, 2009. 18 19 20 21 22 23 24 25 26 27 28 4 Stipulation and Order Regarding Motion by Global Ampersand, LLC and D. E. Shaw Synoptic Portfolios 3, LLC for Partial Summary Judgment on the Fourth and Fifth Causes of Action of Crown Engineering and Construction, Inc.'s Counterclaim 11376.01-00089965.000 PDF created with pdfFactory trial version www.pdffactory.com

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