Brisbin v. Vulcan Materials Company

Filing 40

STIPULATION to Continue Mandatory Settlement Conference and ORDER Thereon, signed by Magistrate Judge Sheila K. Oberto on 1/2/2013. (Settlement Conference currently set for 1/8/2013, has been CONTINUED to 3/8/2013, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.) (Gaumnitz, R)

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James D. Burnside III #075977
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: [phone] / Fax: [phone]
[e-mail]
Attorneys for Counter-Defendant WESTERN SURETY COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION
JOHN C. BRISBIN, an individual, dba
Case No.: 1:11-cv-00568-AWI-SKO
CONSTRUCTION DEVELOPMENT
SYSTEMS,
STIPULATION TO CONTINUE
MANDATORY SETTLEMENT
Plaintiff,
CONFERENCE AND ORDER THEREON

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v.
CALMAT CO., VULCAN MATERIALS
COMPANY – WESTERN DIVISION; and
DOES 1 through 100, inclusive,
Defendants.

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CALMAT CO., dba VULCAN MATERIALS
COMPANY-WESTERN DIVISION,
Counter-Claimant,

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v.
JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS; WESTERN SURETY COMPANY,
a South Dakota corporation,
Counter-Defendants.

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Plaintiff and Counter-Defendant John C. Brisbin by and through his attorney David

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Douglas Doyle; Defendant and Counter-Claimant Vulcan Materials Company, by and through its

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STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE

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attorney of record James D. Lipschultz and Counter-Defendant Western Surety Company, by and

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through its attorney of record James Burnside, III, hereby stipulate as follows:

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WHEREAS, there is currently a Mandatory Settlement Conference set for January 8,
before the Honorable Magistrate Judge Oberto at 10:30 a.m. in Courtroom 7; and

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WHEREAS, Plaintiff’s counsel David Douglas Doyle of Doyle & Schallert substituted in

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for Matthew W. Quall of Lang, Richert & Patch as counsel on December 3, 2012 and James

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Burnside of Dowling Aaron Incorporated, substituted in as counsel for Western Surety Company

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on December 2, 2012. Neither Mr. Doyle nor Mr. Burnside has had sufficient time to evaluate
the case and be prepared for the MSC, the parties stipulate as follows:
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That the date for the Mandatory Settlement Conference be rescheduled to March
8, 2013, at 10:00 a.m.

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2.
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This stipulation does not preclude any party from moving to continue the trial and
any related dates.

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IT IS SO STIPULATED:

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Dated: January 2, 2013
DOYLE & SCHALLERT.

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By /s/ David Douglas Doyle, Esq. _______
David Douglas Doyle, Esq.
Attorneys for Plaintiff and
Counter-Defendant JOHN C.
BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS

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Dated: December 31, 2012
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DOWLING AARON INC.

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By /s/ James D. Burnside, Esq. _________
James D. Burnside, Esq.
Attorneys for Counter-Defendant
WESTERN SURETY COMPANY

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STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE

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Dated: January 2, 2013
LIPSCHULTZ & SCHERAGO, LLP.

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By /s/ James D. Lipschultz, Esq. ________
James D. Lipschultz, Esq.
Attorneys for Defendants
VULCAN MATERIALS COMPANY

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ORDER
Based on the parties’ Stipulation, it is hereby ORDERED that the Settlement Conference

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currently set for January 8, at 10:30 a.m. be rescheduled to March 8, 2013, at 10:00 a.m.
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in Courtroom 7.
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IT IS SO ORDERED.
Dated:

January 2, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE