SureTec Insurance Company v. RGW Construction, Inc., a California corporation

Filing 9

STIPULATION and ORDER signed by Judge John A. Mendez on 11/14/2011 re 8 ORDERING that the instant Action be stayed for sixty (60) days until January 9, 2012. This Action shall be STAYED pending completion of the Parties' obligations under a written settlement agreement. In the event the Parties are unable to effect settlement prior to January 29, 2012, deadlines for the following events will be reinstated: the Joint Status Report due February 29, 2012. (Duong, D)

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Robert C. Niesley, Esq., Bar No. 131373
[e-mail]
Rebecca S. Glos, Esq., Bar No. 210396
[e-mail]
WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P.
2040 Main Street, Suite 300
Irvine, California 92614
Telephone: [phone]
Facsimile: 949-261-0771
Attorneys for Plaintiff
SURETEC INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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SURETEC INSURANCE
COMPANY, a Texas corporation,
Plaintiff,

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v.

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Case No. 2:11-cv-02183 JAM GGH

STIPULATION AND ORDER
STAYING ACTION

RGW CONSTRUCTION, INC., a
California corporation,

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Defendants.

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Based upon the settlement of the parties, Plaintiff SURETEC INSURANCE

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COMPANY (“SureTec”) and Defendant RGW CONSTRUCTION, INC. (“RGW”)

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(collectively, “Parties”) hereby submit this stipulated request that the instant action

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(“Action”) be stayed for sixty (60) days, and respectfully request the Court’s

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approval, as follows:

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1.

The Parties have entered into a settlement which they have reduced to

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a written settlement agreement, and which will require payment made by RGW to

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SureTec by December 15, 2011 (“Settlement Amount”).

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2.

The Parties desire to avoid incurring unnecessary litigation costs or

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attorneys’ fees prior to RGW’s payment and SureTec’s receipt of the Settlement

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Amount.

W ATT , T IEDER ,
H OFFAR &
F ITZG ERALD , L.L.P.
A TTORN E YS A T L A W

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STIPULATION AND [PROPOSED] ORDER
TO STAY ACTION

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3.

Accordingly, the Parties respectfully request that any upcoming

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deadlines be continued for sixty (60) days, pending the Parties’ satisfaction of all

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terms under the above-referenced settlement agreement.

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4.

upcoming deadlines, including, but not limited to, the following:
a.

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The filing of the Joint Status Report pursuant to Federal Rules

of Civil Procedure 26(f); and
b.

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The Parties respectfully request that the sixty (60) day stay apply to all

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The Court’s issuance of a Scheduling Order.

This stay will be automatically lifted on January 9, 2012.

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Dated: November __, 2011

WATT, TIEDER, HOFFAR
& FITZGERALD, L.L.P.

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By: Rebecca S. Glos
Attorneys for Plaintiff
SURETEC INSURANCE COMPANY

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Dated: November __, 2011

PARTON | SELL | RHOADES

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By: James E. Sell
Attorneys for Defendant
RGW CONSTRUCTION, INC.

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ORDER

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Based upon the foregoing Stipulation and for good cause appearing therefore,

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IT IS HEREBY ORDERED that:

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1.

The instant Action be stayed for sixty (60) days until January 9, 2012;

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2.

This Action shall be stayed pending completion of the Parties’

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W ATT , T IEDER ,
H OFFAR &
F ITZG ERALD , L.L.P.

obligations under a written settlement agreement; and
3.

In the event the Parties are unable to effect settlement prior to January

29, 2012, deadlines for the following events will be reinstated:
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A TTORN E YS A T L A W

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STIPULATION AND [PROPOSED] ORDER
TO STAY ACTION

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a.

The filing of the Joint Status Report pursuant to Federal Rules

of Civil Procedure 26(f): February 29, 2012.

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IT IS SO ORDERED.

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/s/ John A. Mendez_____________________
U. S. DISTRICT COURT JUDGE

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DATED: November 14, 2011

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IRVINE 171401.1 103093.014

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W ATT , T IEDER ,
H OFFAR &
F ITZG ERALD , L.L.P.

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A TTORN E YS A T L A W

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STIPULATION AND [PROPOSED] ORDER
TO STAY ACTION

PROOF OF SERVICE

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I, Breean Cordova, declare:

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I am a citizen of the United States and employed in Orange County,

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California. I am over the age of eighteen years and not a party to the within-entitled

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action. My business address is 2040 Main Street, Suite 300, Irvine, California

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92614. On November 11, 2011, I served a copy of the within document(s):

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STIPULATION AND [PROPOSED] ORDER
STAYING ACTION

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TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC
FILING (“ECF/PACER”)

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James E. Sell, Esq.
Parton, Sell, Rhoades
750 Lindaro Street, Suite 140
San Rafael, CA 94901
Phone: [phone]
Email: [e-mail]
Attorneys for Defendant
RGW CONSTRUCTION, INC.
I declare that I am employed in the office of a member of the bar of this court
at whose direction the service was made.
Executed on November 11, 2011, at Irvine, California.

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Breean Cordova

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W ATT , T IEDER ,
H OFFAR &
F ITZG ERALD , L.L.P.

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A TTORN E YS A T L A W

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STIPULATION AND [PROPOSED] ORDER
TO STAY ACTION