Span Construction & Engineering, Inc. v. Ironclad Metals, Inc.

Filing 10

ORDER to SHOW CAUSE Why This Case Should Not Be Dismissed for Failure to Comply with Court Order, signed by Magistrate Judge Sandra M. Snyder on 04/1/15. (15- Day Deadline) (Attachments: # 1 Order, dated 01/13/2014)(Martin-Gill, S)

Case 1:13-cv-01490-AWI-SMS Document 5 Filed 01/13/14 Page 1 of 3
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DAVID DOUGLAS DOYLE, ESQ. NO. 100595
DOYLE & SCHALLERT
1233 WEST SHAW AVENUE, SUITE 106
FRESNO, CALIFORNIA 93711
TELEPHONE: [phone]
FACSIMILE: [phone]

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Attorneys for Plaintiff SPAN CONSTRUCTION & ENGINEERING, INC.
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SPAN CONSTRUCTION &
ENGINEERING, INC.,
Plaintiffs,

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CASE NO.: 1:13-CV-01490-AWI-SMS
STIPULATION TO STAY FEDERAL
ACTION PENDING AAA ARBITRATION
AND ORDER THEREON

v.
IRONCLAD METALS, INC.,
Defendants.

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Plaintiff Span Construction & Engineering, Inc., a California corporation, by and through their
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counsel of record David Douglas Doyle of Doyle & Schallert and Defendant Ironclad Metals, Inc., a
Canadian corporation, with the advice of Canadian counsel Douglas Conolly of McQuarrie Hunter,
LLP., and by and through California counsel Stewart H. Foreman, CSB # 61149, Freeland Cooper &
Foreman LLP, 150 Spear Street, Suite 1800, San Francisco, California 94105, tel: [phone], email: [e-mail]. Hereby stipulates as follows:
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WHEREAS, Plaintiff and Defendant are engaged in arbitration through the American

Arbitration Association in the matter of Span Construction v. Ironclad Metals, Inc., case number 50
110 T 00813 13, for claims made by Plaintiff in this federal action; and
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WHEREAS, by entering into this stipulation, Plaintiff and Defendant have not waived

any legal or equitable rights that do, or may, exist; and

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STIPULATION TO STAY FEDERAL ACTION PENDING AAA ARBITRATION AND ORDER THEREON
CASE NO.: 1:13-CV-01490-AWI-SMS
{00187640}

Case 1:13-cv-01490-AWI-SMS Document 5 Filed 01/13/14 Page 2 of 3
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3.

WHEREAS, Plaintiff and Defendant due to the pending arbitration, request that this

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federal action be stayed until the AAA proceeding is completed, or abandoned or is otherwise

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terminated; and

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4.

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WHEREAS, Plaintiff and Defendant agree to provide to the court periodic reports as

scheduled and/or as requested regarding the status of the AAA proceeding identified above; and
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WHEREAS, Plaintiff and Defendant respectfully request that the Court find good

cause to stay this action as requested.

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Dated: January 7, 2014

DOYLE & SCHALLERT

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By:

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/S/ DAVID DOUGLAS DOYLE
_____________________________
DAVID DOUGLAS DOYLE
Attorneys for Plaintiff

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Dated: January 8, 2014

FREELAND COOPER & FOREMAN LLP

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By:

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/S/ STEWART H. FOREMAN
_____________________________
STEWART H. FOREMAN
Attorneys for Defendant

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STIPULATION TO STAY FEDERAL ACTION PENDING AAA ARBITRATION AND ORDER THEREON
CASE NO.: 1:13-CV-01490-AWI-SMS
{00187640}

Case 1:13-cv-01490-AWI-SMS Document 5 Filed 01/13/14 Page 3 of 3
ORDER OF THE COURT

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Good cause appearing, this matter is stayed during the pendency of the AAA arbitration

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proceeding identified above. The parties are directed to provide a status report on or before 6/30/2014,

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and every six months thereafter until the arbitration has been resolved or the case has been dismissed.

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IT IS SO ORDERED.
DATED: 1/13/2014

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/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO STAY FEDERAL ACTION PENDING AAA ARBITRATION AND ORDER THEREON
CASE NO.: 1:13-CV-01490-AWI-SMS
{00187640}