Mabey Inc. v. MCM Construction, Inc. et al

Filing 21

STIPULATION and ORDER to STAY PROCEEDINGS signed by District Judge John A. Mendez on 2/24/2017. (Washington, S)

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JAMES H. VORHIS (SBN 245034)
[e-mail]
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415.398.2438
[e-mail]
HUSCH BLACKWELL LLP
KENNETH A. SLAVENS (admitted pro hac vice)
190 Carondelet Plaza, Suite 600
St. Louis, MO 63105
Phone: [phone]
Fax: [phone]
[e-mail]
BRIAN P. WAAGNER (admitted pro hac vice)
750 17th Street N.W., Suite 900
Washington, DC 20006
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff MABEY INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MABEY INC., a Maryland corporation,
Plaintiff,

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JOINT STIPULATION TO STAY
PROCEEDINGS

v.

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Case No. 2:16-cv-02639-JAM-DB

MCM CONSTRUCTION, INC., a
California corporation, CITY OF TRACY,
CALIFORNIA, TEICHERT/MCM, a
California joint venture, A.TEICHERT &
SON, INC. d/b/a TEICHERT
CONSTRUCTION, a California
corporation, LIBERTY MUTUAL
INSURANCE COMPANY, a
Massachusetts corporation, and
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, a
Connecticut corporation,

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Defendants.
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-1STIPULATION TO STAY PROCEEDINGS 2:16-CV-02639-JAM-DB
48872523.V1

1280.006-2290388.1

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The undersigned counsel, representing Plaintiff Mabey Inc. and the Defendants named in

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the action, hereby jointly stipulate to a further limited stay of proceedings through March 6, 2017

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and an extension of the deadline for responsive pleadings to March 16, 2017. This Court

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previously granted the Parties a 60-day stay to permit settlement negotiations. See ECF No. 19

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(Order).

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A further stay is needed to allow the parties to continue ongoing settlement discussions.

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Representatives of Plaintiff Mabey, Inc. and Defendant MCM Construction, Inc. met in person on

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February 14, 2017, for the purpose of engaging in settlement discussions. While no settlement

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was reached at this meeting, counsel for the Parties have subsequently continued settlement

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discussions, including e-mails exchanged on February 22nd, and the Parties are optimistic that a

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final settlement can be achieved in the next 10 calendar days. A stay of the pending litigation

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would facilitate settlement because it would allow the parties to limit their expenditure of

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attorney’s fees and costs addressing the requirements of the litigation while settlement

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negotiations are underway.

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IT IS SO STIPULATED.

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-2STIPULATION TO STAY PROCEEDINGS 2:16-CV-02639-JAM-DB
48872523.V1

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Dated: February 24, 2017

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HUSCH BLACKWELL LLP
/s/ Brian Waagner
BRIAN P. WAAGNER
Attorney for Plaintiff MABEY INC.

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Dated: February 23, 2017
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OFFICE OF THE CITY ATTORNEY
CITY OF TRACY
By:/s/ Bill Sartor
BILL SARTOR
City Attorney
Attorney for Defendant CITY OF TRACY

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Dated: February 23, 2017

MURPHY AUSTIN ADAMS SCHOENFELD LLP

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By:/s/ D. Michael Schoenfeld
D. MICHAEL SCHOENFELD
J. SCOTT ALEXANDER
MIKHAIL PARNES
Attorneys for Defendants
MCM CONSTRUCTION, INC., A. TEICHERT &
SON, INC. d/b/a TEICHERT CONSTRUCTION,
TEICHERT/MCM, LIBERTY MUTUAL
INSURANCE COMPANY, and TRAVELERS
CASUALTY AND SURETY COMPANY OF
AMERICA

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IT IS SO ORDERED.

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Dated: 2/24/2017

/s/ John A. Mendez
______
Hon. John A. Mendez, U. S. District Court Judge

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-3STIPULATION TO STAY PROCEEDINGS 2:16-CV-02639-JAM-DB
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