BCP Mechanical, LLC v. Anderson Burton Construction, Inc. et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/10/21 ORDERING that the dates in the Initial Pretrial Scheduling Order are amended as follows: Close of Non-Expert Discovery: November 22, 2021. Expert Witness Designation: January 21, 2022. Supplemental Expert Designation: February 22, 2022. Supplemental Disclosures & Responses: April 22, 2022. Dispositive Motion Filing Date: May 23, 2022. Notice of Trial Readiness: 30 days after ruling on last filed dispositive motion or 120 days from close of discovery. (Kaminski, H)

Case 2:20-cv-01401-TLN-KJN Document 20 Filed 08/11/21 Page 1 of 4

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STEVEN C. CLARK #181050
[e-mail]
SHERRIE M. FLYNN #240215
[e-mail]
COLEMAN & HOROWITT, LLP
Attorneys at Law
499 W. Shaw Ave., Ste. 116
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and Cross-Defendant
BCP MECHANICAL, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, for the CASE NO. 2:20-cv-01401-TLN-KJN
use and benefit of BCP MECHANICAL,
LLC, a California limited liability company

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Use-Plaintiff,

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v.
ANDERSON BURTON
CONSTRUCTION, INC., a California
corporation; WESTERN SURETY
COMPANY, a South Dakota corporation,

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Defendants.

Complaint Filed: July 10, 2020
Cross-Claim Filed: September 22, 2020
Judge: Hon. Troy L. Nunley
Trial Date: None Set

ANDERSON BURTON
CONSTRUCTION, INC.,
Cross-Claimant,

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v.

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STIPULATION TO AMEND
SCHEDULING ORDER AND ORDER
THEREON

BCP MECHANICAL, LLC,
Cross-Defendant.

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STIP TO AMEND SCHEDULING ORDER AND ORDER THEREON

Case 2:20-cv-01401-TLN-KJN Document 20 Filed 08/11/21 Page 2 of 4

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Pursuant to Federal Rules of Civil Procedure, Rule 16(b)(4), Plaintiff and Cross-

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Defendant BCP MECHANICAL, LLC (“BCP”), Defendant and Cross-Complainant

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ANDERSON BURTON CONSTRUCTION, INC., (“ABCI”) and Defendant WESTERN

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SURETY COMPANY (“Western Surety”; collectively the “Parties”), by and through their

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respective counsel of record, hereby stipulate as follows:

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WHEREAS on July 10, 2020, BCP filed the instant action for Recovery on Miller

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Act Payment Bond, Breach of Contract, Quantum Meruit and Open Book Account related

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to a federal construction project for the U.S. Army Corps of Engineers (the “Action”);

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WHEREAS on September 22, 2020, ABCI filed a Cross-Claim against BCP for
Breach of Written Contract (the “Cross-Claim”);

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WHEREAS on August 28, 2020, BCP filed a separate action against ABCI and

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Western Surety in the Superior Court for the County of San Luis Obispo, Case No. 20CV-

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0388, for Recovery on Payment Bond, Breach of Written Contract, Quantum Meruit, and

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Open Book Account on five (5) separate construction projects (the “State Court Action”);

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WHEREAS on July 13, 2020, the Court issued an Initial Pretrial Scheduling Order

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(“Scheduling Order”) in the instant Action, setting forth dates for close of discovery, expert

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designation, supplemental expert designations, etc.;

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WHEREAS, pursuant to the Scheduling Order, the Parties calculate the close of
non-expert discovery to be September 22, 2021;

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WHEREAS the Parties have agreed to mediate all claims in the instant Action, the

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Cross-Claim and the State Court Action on August 24, 2021, before retired Federal District

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Court Judge Oliver Wanger, in an attempt to reach a global settlement;

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WHEREAS the Parties have agreed to postpone serving additional written

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discovery, and deposition notices and subpoenas until such time as mediation is complete,

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in the interest of avoiding potentially unnecessary attorney’s fees and costs; and

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WHEREAS the Parties have agreed to a continuance of the Scheduling Order dates

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to allow additional time to attempt to reach a global settlement of the instant Action, the

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Cross-Claim and the State Court Action.
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STIP TO AMEND SCHEDULING ORDER AND ORDER THEREON

Case 2:20-cv-01401-TLN-KJN Document 20 Filed 08/11/21 Page 3 of 4

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STIPULATION
The Parties hereby stipulate to amend the Scheduling Order as follows:

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Description

Current Date

Proposed Dates

Close of Non-Expert Discovery

September 22, 2021

November 22, 2021

Expert Witness Designation

November 22, 2021

January 21, 2022

Supplemental Expert Designation

December 22, 2021

February 22, 2022

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Supplemental Disclosures &
Responses

February 23, 2022

April 22, 2022

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Dispositive Motion Filing Date

March 22, 2022

May 23, 2022

Notice of Trial Readiness

30 days after ruling
Same
on last filed
dispositive motion or
120 days from close
of discovery

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Dated: August 9, 2021

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COLEMAN & HOROWITT, LLP
By:

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Dated: August 9, 2021

/s/ Sherrie M. Flynn
STEVEN C. CLARK
SHERRIE M. FLYNN
Attorneys for Cross-Defendant,
BCP MECHANICAL, LLC

ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
By:

/s/_Anthony P. Niccoli ___________
ANTHONY P. NICCOLI
Attorneys for ANDERSON BURTON
CONSTRUCTION, INC. and
WESTERN SURETY COMPANY

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STIP TO AMEND SCHEDULING ORDER AND ORDER THEREON

Case 2:20-cv-01401-TLN-KJN Document 20 Filed 08/11/21 Page 4 of 4

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ORDER

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The Parties having stipulated and good cause appearing therefor,

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IT IS SO ORDERED that the dates in the Initial Pretrial Scheduling Order are amended

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as follows:
Description

Amended Dates

Close of Non-Expert Discovery

November 22, 2021

Expert Witness Designation

January 21, 2022

Supplemental Expert Designation

February 22, 2022

Supplemental Disclosures & Responses

April 22, 2022

Dispositive Motion Filing Date

May 23, 2022

Notice of Trial Readiness

30 days after ruling on last filed
dispositive motion or 120 days from
close of discovery

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Dated: August 10, 2021

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Troy L. Nunley
United States District Judge

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STIP TO AMEND SCHEDULING ORDER AND ORDER THEREON