Avcon Constructors, Inc. v. K.O.O. Construction, Inc. et al

Filing 21

STIPULATION and ORDER TO EXTEND DISCOVERY DEADLINES signed by District Judge Troy L. Nunley on 1/11/18. The deadline to complete Discovery is CONTINUED from 1/16/18 4/13/2018. The deadline for designating Expert Witnesses is CONTINUED from 3/19/18 to 4/23/2018. (Mena-Sanchez, L)

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John E. Borba, Esq. [SBN: 169463]
Kristen Frizzell Kerns, Esq. [SBN: SBN 221384]
Borba Frizzell Kerns, P.C.
50 Old Courthouse Square, Ste. 605
Santa Rosa, CA 95404
[phone]
[phone] Fax
Attorneys for Plaintiff
Avcon Constructors, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES GOVERNMENT
FOR THE USE AND BENEFIT OF
AVCON CONSTRUCTORS, INC.,

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v.
K.O.O CONSTRUCTION INC.;
TRAVELERS CASUALTY AND
SURETY COMPANY; and DOES 1-50
Defendants.

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STIPULATION TO EXTEND
DISCOVERY DEADLINES

Plaintiff,

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Case No.: 16-cv-00478-TLN-KJN

_______________________
The parties to this action hereby stipulate and
agree

to

extend

the

action for 90 days.
because

the

representing

law

discovery

cutoff

dates

in

this

Good cause exists for doing so,

office

plaintiff,

of

Borba

AVCON

Frizzell

&

CONSTRUCTORS,

Kerns
Inc.,

located in Santa Rosa, was significantly impacted by
the destructive fires in and around Santa Rosa.

Not

only was the office closed or functioning in just a
limited capacity during the fires, but a Shareholder,
Kristen Frizzell Kerns, who is the attorney who handles

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the

day

to

day

activities

of

this

matter

and

a

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paralegal, suffered severe property loss as well, which

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caused continuing disruption after the fires as well.

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The parties realize that this is the second

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extension of time stipulated in this case. The parties

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have agreed to mediate the case and are working on the

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selection of a mediator. If the case is not resolved

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through

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operatively in good faith between themselves and with

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the Court to solve any problems that may arise out of

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this

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lawsuit. Trial in this matter is set for October 15,

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2018.

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trial date.

mediation,

unforeseen

the

setback

parties

to

the

commit

to

prosecution

work

of

co-

this

The parties are not seeking a continuance of the

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The deadline to complete discovery, as set forth in

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the Stipulation to Extend Discovery Deadlines and Order

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dated October 17, 2017 (Docket no. 17), is therefore

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stipulated to be continued from January 16, 2018 to

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April 13, 2018.

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The deadline for designating expert witnesses as

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set in the Stipulation to Extend Discovery Deadlines

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and Order dated October 17, 2017 (Docket no. 17) is

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stipulated to be continued from March 19, 2018 to April

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23, 2018.

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Dated:

January 4, 2018

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BORBA FRIZZELL KERNS
By: /s/ John Borba
John Borba

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Attorneys for Plaintiff
UNITED STATES GOVERNMENT for
the use and benefit of AVCON
CONSTRUCTORS, INC.

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Dated:

January 4, 2018

REYNOLDS MADDUX

WOODWARD

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By: /s/ Arthur Woodward
Arthur Woodward

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Attorneys for Defendant
K.O.O. CONSTRUCTION, INC.

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Dated:

January 4, 2018

SMTD LAW LLP

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By: /s/ Edward R. Stepans
Michael J. Timpane
Edward R. Stepans

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Attorney for Defendant
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA

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IT IS SO ORDERED.

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Dated: January 11, 2018

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Troy L. Nunley
United States District Judge

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