Urata & Sons Concrete, Inc. v. Gilbane Federal, et al.,

Filing 8

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/29/18: This action shall be STAYED in its entirety pending final disposition of the underlying arbitration between the Parties. The parties are ordered to file a Joint Status Report regarding the status of the arbitration every sixty (60) days from the date of this Order, and an additional Joint Status Report not later than twenty (20) days after final disposition of the underlying arbitration. (Kaminski, H)

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EILEEN M. DIEPENBROCK (SBN 119254)
CHRIS A. McCANDLESS (SBN 210085)
JONATHAN R. MARZ (SBN 221185)
DIEPENBROCK ELKIN LLP
500 Capitol Mall, Suite 2200
Sacramento, CA 95814
Telephone:
916-492-5000
Facsimile:
916-446-2640
[e-mail]
[e-mail]
[e-mail]
Attorneys for Use-Plaintiff/Plaintiff
URATA AND SONS CONCRETE, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISCTRICT OF CALIFORNIA

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URATA AND SONS CONTRETE, INC.

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Plaintiff(s)/Petitioner(s),
v.
GILBANE FEDERAL, ET AL.,

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Case No. 2:17-cv-02635-MCE-AC
STIPULATION AND ORDER
SUBMITTING CASE TO PRIVATE
ARBITRATION AND STAYING
LAWSUIT

Defendant(s)/Respondent(s)

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United States of America for the Use and Benefit of Urata & Sons Concrete, Inc.

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(“Urata”), Urata, Gilbane Federal (“Gilbane”) and Travelers Casualty and Surety Company of

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America (“Travelers”) (each individually a “Party” and collectively the “Parties”) hereby

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stipulate as follows:

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1.

Pursuant to the subcontract between Gilbane and Urata (“Subcontract”), there is an

arbitration clause which governs the disputes set forth in this lawsuit.
2.

The Parties agree to resolve all of their disputes at issue in this lawsuit, including

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any transactionally-related claims by Gilbane against Urata, through binding, private arbitration

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in accordance with the Subcontract, with the exception that the arbitration shall be administered

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by JAMS in accordance with its Engineering and Construction Arbitration Rules and Procedures.

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3.

Urata’s complaint in this lawsuit shall serve as its demand in arbitration.

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STIPULATION AND ORDER SUBMITTING CASE TO PRIVATE ARBITRATION AND STAYING LAWSUIT

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4.

The Parties agree that their disputes shall be resolved by a single arbitrator, that

arbitration shall be venued in Walnut Creek, California, and that any award shall be a reasoned
award.
5.

The Parties agree that answering statements shall be filed in the arbitration in

response to any demand or counterclaim, which answering statement shall include any applicable
affirmative defenses.
6.

This lawsuit shall be stayed in its entirety pending the final disposition of the

underlying arbitration between the Parties.
7.

Any arbitration award shall be subject to confirmation in this lawsuit.

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Dated: January 24, 2018

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DIEPENBROCK ELKIN GEASON LLP
By: /s/ Eileen M. Diepenbrock
Eileen Diepenbrock
Chris A. McCandless
Jonathan R. Marz
Attorneys for Use Plaintiff/Plaintiff
URATA & SONS CONCRETE, INC.

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Dated: January 24, 2018

VARELA, LEE, METZ & GUARINO, LLP
By: /s/ Andrew Van Ornum
Nicholas A. Merrell
Andrew Van Ornum
Attorneys for Defendants GILBANE FEDERAL and
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA

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STIPULATION AND ORDER SUBMITTING CASE TO PRIVATE ARBITRATION AND STAYING LAWSUIT

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ORDER
Pursuant to the stipulation of the Parties, this action shall be STAYED in its entirety
pending final disposition of the underlying arbitration between the Parties. The parties are
ordered to file a Joint Status Report regarding the status of the arbitration every sixty (60) days
from the date of this Order, and an additional Joint Status Report not later than twenty (20) days
after final disposition of the underlying arbitration.
IT IS SO ORDERED.
Dated: January 29, 2018

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STIPULATION AND ORDER SUBMITTING CASE TO PRIVATE ARBITRATION AND STAYING LAWSUIT

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CERTIFICATE OF SERVICE
I, the undersigned, declare as follows:
I hereby certify that on the 24th day of January, 2018, I will electronically file the
foregoing with the Clerk of Court using the CM/ECF system and I hereby certify that I will
mail the document by U.S. mail to the following non-filing user:
Attorney for Defendants GILBANE FEDERAL
and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Nicholas A. Merrell (SBN 240795)
Andrew Van Ornum (SBN 214040)
Varela, Lee, Metz & Guarino, LLP
333 Bush Street, Suite 1500
San Francisco, CA 94104
T: [phone] F: [phone])
E: [e-mail]
[e-mail]
/s/ Eileen M. Diepenbrock__________
Attorney for Use-Plaintiff/Plaintiff
URATA AND SONS CONCRETE, INC.
EILEEN M. DIEPENBROCK (SBN 119254)
DIEPENBROCK ELKIN LLP
500 Capitol Mall, Suite 2200
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916-446-2640
[e-mail]

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STIPULATION AND ORDER SUBMITTING CASE TO PRIVATE ARBITRATION AND STAYING LAWSUIT