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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1 2 3 4 5 6 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 (707) 578-7000 (707) 578-7003 Fax Attorneys for Plaintiff Avcon Constructors, Inc. 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 UNITED STATES GOVERNMENT FOR THE USE AND BENEFIT OF AVCON CONSTRUCTORS, INC., 14 15 16 v. K.O.O CONSTRUCTION INC.; TRAVELERS CASUALTY AND SURETY COMPANY; and DOES 1-50 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DISCOVERY DEADLINES Plaintiff, 12 13 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 1 1 the day to day activities of this matter and a 2 paralegal, suffered severe property loss as well, which 3 caused continuing disruption after the fires as well. 4 The parties realize that this is the second 5 extension of time stipulated in this case. The parties 6 have agreed to mediate the case and are working on the 7 selection of a mediator. If the case is not resolved 8 through 9 operatively in good faith between themselves and with 10 the Court to solve any problems that may arise out of 11 this 12 lawsuit. Trial in this matter is set for October 15, 13 2018. 14 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 15 The deadline to complete discovery, as set forth in 16 the Stipulation to Extend Discovery Deadlines and Order 17 dated October 17, 2017 (Docket no. 17), is therefore 18 stipulated to be continued from January 16, 2018 to 19 April 13, 2018. 20 The deadline for designating expert witnesses as 21 set in the Stipulation to Extend Discovery Deadlines 22 and Order dated October 17, 2017 (Docket no. 17) is 23 stipulated to be continued from March 19, 2018 to April 24 23, 2018. 25 26 //// 27 //// 28 //// 2 1 2 Dated: January 4, 2018 3 BORBA FRIZZELL KERNS By: /s/ John Borba John Borba 4 5 Attorneys for Plaintiff UNITED STATES GOVERNMENT for the use and benefit of AVCON CONSTRUCTORS, INC. 6 7 8 9 Dated: January 4, 2018 REYNOLDS MADDUX WOODWARD 10 By: /s/ Arthur Woodward Arthur Woodward 11 12 Attorneys for Defendant K.O.O. CONSTRUCTION, INC. 13 14 15 Dated: January 4, 2018 SMTD LAW LLP 16 By: /s/ Edward R. Stepans Michael J. Timpane Edward R. Stepans 17 18 19 Attorney for Defendant TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 20 21 22 IT IS SO ORDERED. 23 24 Dated: January 11, 2018 25 26 27 Troy L. Nunley United States District Judge 28 3

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