Lennar Mare Island, LLC v. Steadfast Insurance Company

Filing 559

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/21/2017 ORDERING that the stay for this consolidated case, and all discovery, proceedings, and deadlines, is EXTENDED for a period of 60 days. The Status Conference is CONTINUED to 10/20/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller to brief the Court on the finalization of the settlement; provided, however, that if the parties finalize the settlement and file appropriate dismissal papers in this Court prior to the Status Conference, the Status Conference may be removed from the calendar. The trial date of 12/18/2017 shall be continued approximately 60 days to a date convenient to the Court on a date to be addressed and confirmed at the Status Conference. (Washington, S)

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THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LENNAR MARE ISLAND, LLC,

CASE NO. 2:12-CV-02182-KJM-KJN

Plaintiff,

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and
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UNITED STATES OF AMERICA,
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Plaintiff-Intervenor
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V.
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STEADFAST INSURANCE COMPANY
Defendant.

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LENNAR MARE ISLAND, LLC,

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Plaintiff,
UNITED STATES OF AMERICA,
Plaintiff-Intervenor
V.

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STEADFAST INSURANCE COMPANY
Defendant.

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ORDER

and

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CASE NO. 2:16-CV-00291-KJM-KJN

AND ALL RELATED COUNTER-CLAIMS
AND CROSS-CLAIMS

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ORDER

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ORDER OF THE COURT
For good cause shown to the satisfaction of the Court, and upon the stipulation of all parties by
and through their respective counsel of record, attached hereto,
IT IS HEREBY ORDERED THAT:

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a. This consolidated case, and all discovery, proceedings, and deadlines, is hereby

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stayed for a period of 60 days (in addition to the 60-day stay provided in the June 22,

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2017 order). The stay specifically applies, without limitation, to the filing of

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dispositive motions that would otherwise have been timely absent this Stipulation. In

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the event the settlement is not finalized, the Court shall issue a further order regarding

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scheduling that permits the filing of any dispositive motion that would have been

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timely as of the date of this stipulation.

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b. The Court shall adjourn the Status Conference initially scheduled for August 25,

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2017, to October 20, 2017, at 10:00 a.m., in Judge Mueller’s department to brief the

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Court on the finalization of the settlement; provided, however, that if the parties

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finalize the settlement and file appropriate dismissal papers in this Court prior to the

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Status Conference, the Status Conference may be removed from the calendar.

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c. In the event the parties are unable to finalize the settlement, the parties shall be

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prepared to address at the Status Conference any necessary adjustments to the trial

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date and all other deadlines in the 6/28/16 Order. This shall not, however, have the

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impact of reopening discovery.

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d. The trial date of December 18, 2017 shall be continued approximately 60 days to a

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date convenient to the Court on a date to be addressed and confirmed at the Status

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Conference.

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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ORDER

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THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LENNAR MARE ISLAND, LLC,

CASE NO. 2:12-CV-02182-KJM-KJN

Plaintiff,

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and
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UNITED STATES OF AMERICA,
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Plaintiff-Intervenor
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V.
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STEADFAST INSURANCE COMPANY
Defendant.

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LENNAR MARE ISLAND, LLC,

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Plaintiff,
UNITED STATES OF AMERICA,
Plaintiff-Intervenor
V.

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STEADFAST INSURANCE COMPANY
Defendant.

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STIPULATION

and

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CASE NO. 2:16-CV-00291-KJM-KJN

AND ALL RELATED COUNTER-CLAIMS
AND CROSS-CLAIMS

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STIPULATION

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IT IS HEREBY STIPULATED and agreed by and between the UNITED STATES, LENNAR
MARE ISLAND, LLC (“LMI”), CH2M HILL CONSTRUCTORS, INC. (“CCI”), and STEADFAST
INSURANCE COMPANY (“STEADFAST”) as follows:
1. The parties have reached a tentative settlement in this matter, subject to certain conditions
and approvals. In light of the tentative settlement, the parties wish to conserve their
resources and focus on finalizing the settlement, instead of continuing with litigation
activities.
2. This Court’s June 28, 2016 Order (ECF #30 in Case number 2:16-cv-00291-KJM-KJN; and
ECF #382 in Case number 2:12-cv-2182-KJM-KJN) (the “6/28/16 Order”) set formal
deadlines within this consolidated case.
3. On June 22, 2017, this Court stayed the litigation for 60 days and set a status conference for
August 25, 2017 (ECF #175 in Case number 2:16-cv-291-KJM-KJN; and ECF #557 in Case
number 2:12-cv-2182-KJM-KJN).
4. In order to finalize a settlement, the parties, as well as multiple other government units and
other non-parties to this litigation, must concurrently enter into six related agreements. The
number of entities and agreements involved, along with the time constraints, have
complicated this process. The parties continue to negotiate in good faith to reach a global
resolution resulting in dismissal of this litigation. The parties need additional time in order to
complete negotiations and receive the necessary approvals.
5. Accordingly, the parties hereby stipulate to an Order of this Court as follows:

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a.

This consolidated case, including all discovery, proceedings, and

deadlines, is hereby stayed for an additional 60 days. The stay specifically applies,
without limitation, to the filing of dispositive motions that would otherwise have been
timely absent this Stipulation. In the event the settlement is not finalized, the Court shall
issue a further order regarding scheduling that permits the filing of any dispositive
motion that would have been timely as of the date of this stipulation.

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b.

The Court shall adjourn the Status Conference initially scheduled for

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STIPULATION

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August 25, 2017, for approximately 45 days, to October __, 2017 at ___ _.m., in Judge
Mueller’s department to brief the Court on the finalization of the settlement; provided,
however, that if the parties finalize the settlement and file appropriate dismissal papers in
this Court prior to the Status Conference, the Status Conference may be removed from
the calendar.

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c.

shall be prepared to address at the Status Conference any necessary adjustments to the
trial date and all other deadlines in the 6/28/16 Order. This shall not, however, have the
impact of reopening discovery.

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In the event the parties are unable to finalize the settlement, the parties

d.

The trial date of December 18, 2017 shall be continued approximately 60

days to a date convenient to the Court on a date to be addressed and confirmed at the
Status Conference.
IT IS SO STIPULATED.

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DATED: August 18, 2017

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NEWMEYER & DILLION LLP

By

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/s/ Alan Packer

Alan H. Packer, Esq.
Attorney for Plaintiff

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LENNAR MARE ISLAND, LLC

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QUINN EMANUEL URQUHART &

SULLIVAN, LLP

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By
/s/ Dale Oliver
Dale H. Oliver, Esq.
Attorney for Defendant, Counterclaimant
and Counterdefendant
STEADFAST INSURANCE COMPANY

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STIPULATION

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1 DATED: August 18, 2017

FARELLA BRAUN + MARTEL LLP

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By
/s/ Adam Dawson
Adam Dawson, Esq.
Amanda D. Hairston, Esq.
Attorneys for Counterdefendant,
Counterclaimant, and Crossdefendant
CH2M HILL CONSTRUCTORS, INC.

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U.S. DEPARTMENT OF JUSTICE

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By
/s/ J. Taylor McConkie
J. Taylor Mcconkie, Esq.
Mitchell Zeff, Esq.
Serajul Ali, Esq.
Jonathan E. Jacobson, Esq.
Attorneys for Plaintiff-intervenor
UNITED STATES OF AMERICA

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STIPULATION

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