Black & Veatch Corporation v. Modesto Irrigation District

Filing 93

STIPULATION and ORDER for filing of amended answer of City of Modesto to assert cross-claim against Western Summit Constructors, Inc. City of Modesto may amend its answer to include a cross-claim against Western Summit Constructors, Inc. The cross-claim currently on the docket 87 filed by City of Modesto shall be deemed filed as of the date of this order. Order signed by Magistrate Judge Sheila K. Oberto on 3/27/2012. (Timken, A)

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MORIS DAVIDOVITZ, ESQ. (State Bar #70581)
PATRICIA S. LAKNER, ESQ. (State Bar #115007)

DAVIDOVITZ & BENNETT LLP
One Embarcadero Center, Suite 750
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant in Intervention,
Counter-Claimant and Cross-Claimant CITY OF MODESTO

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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BLACK & VEATCH CORPORATION,

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Plaintiff,
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v.
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MODESTO IRRIGATION DISTRICT,
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Defendant,
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_____________________________________ )
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MODESTO IRRIGATION DISTRICT,
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Counterclaimant,
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v.
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BLACK & VEATCH CORPORATION,
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Counterdefendant,
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_____________________________________ )
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CITY OF MODESTO,
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Cross-Claimant,
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v.
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WESTERN SUMMIT CONSTRUCTORS,
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INC.
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Cross-Defendant.
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_____________________________________ )

CASE NO. 1:11-cv-00695 LJO SKO
STIPULATION AND ORDER FOR
FILING OF AMENDED ANSWER OF
CITY OF MODESTO TO ASSERT
CROSS-CLAIM AGAINST WESTERN
SUMMIT CONSTRUCTORS, INC.

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-1STIPULATION [AND ORDER] FOR FILING OF AMENDED ANSWER OF CITY OF MODESTO

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IT IS HEREBY STIPULATED by and between the City of Modesto (“City”) and Western

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Summit Constructors, Inc. (“WSCI”) through their respective attorneys of record that Defendant in

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Intervention, City, may file an Amended Answer to include a cross-claim against WSCI.

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The parties’ Stipulation is based on the Parties’ intention to safeguard the court’s time and

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resources by filing only necessary motions. However, WSCI does not stipulate to the propriety or

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merit of the claims the City proposes to make against WSCI. Accordingly, the Stipulation is based

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upon the Parties’ understanding and agreement that by entering into Stipulation WSCI does not

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waive, and instead fully reserves, its rights to assert all defenses of any kind to the City’s cross-claim,

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as well as raise and make all available legal and factual challenges and motion to the City’s cross-

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claim.

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Dated: March 26, 2012

DAVIDOVITZ & BENNETT LLP

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By:

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Patricia S. Lakner

MORIS DAVIDOVITZ
PATRICIA S. LAKNER
ATTORNEYS FOR CITY OF MODESTO

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/s/

Dated: March 26, 2012

DIEPENBROCK ELKIN LLP

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By:

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/s/ Eileen M. Diepenbrock
EILEEN M. DIEPENBROCK
ATTORNEYS FOR WESTERN SUMMIT
CONSTRUCTORS, INC.

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ORDER

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Pursuant to the above stipulation of the parties, City of Modesto may amend its answer to

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include a cross-claim against Western Summit Constructors, Inc. The cross-claim currently on the

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docket (Doc. 87) filed by City of Modesto shall be deemed filed as of the date of this order.

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IT IS SO ORDERED.

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Dated:
cc0hp0

March 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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STIPULATION [AND ORDER] FOR FILING OF AMENDED ANSWER OF CITY OF MODESTO