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

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/8/2021 AMENDING the dates in the Initial Pretrial Scheduling Order as follows: Close of Non-Expert Discovery: 3/18/2022, Expert Witness Designation: 5/23/2022, Supplemental Expert Designation: 6/22/2022, Supplemental Disclosures and Responses: 8/22/2022, Dispositive Motion Filing Date: 9/23/2022, Notice of Trial Readiness: 30 days after ruling on last filed dispositive motion or 120 days from close of discovery. (Huang, H)

1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
2 Anthony P. Niccoli, State Bar No. 219118
[e-mail]
3 12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
4 Telephone: [phone]
Fax: [phone]
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Attorneys for ANDERSON BURTON CONSTRUCTION,
6 INC. and WESTERN SURETY COMPANY
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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UNITED STATES OF AMERICA, for
the use and benefit of BCP
MECHANICAL, LLC, a California
limited liability company,
Plaintiff,
v.

STIPULATION TO AMEND
SCHEDULING ORDER AND
ORDER THEREON

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

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Case No. 2:20-cv-01401-TLN-KJN
Assigned to Honorable Judge
Troy L. Nunley

AND RELATED CROSS-ACTION.

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

24 Cross-Defendant BCP MECHANICAL, LLC (“BCP”), Defendant and Cross25 Complainant ANDERSON BURTON CONSTRUCTION, INC., (“ABCI”) and
26 Defendant WESTERN SURETY COMPANY (“Western Surety”; collectively the
27 “Parties”), by and through their respective counsel of record, hereby stipulate as
28 follows:
-1STIPULATION TO AMEND SCHEDULING ORDER AND ORDER
THEREON

1

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

2 Miller Act Payment Bond, Breach of Contract, Quantum Meruit and Open Book
3 Account related to a federal construction project for the U.S. Army Corps of
4 Engineers (the “Action”);
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WHEREAS on September 22, 2020, ABCI filed a Cross-Claim against BCP

6 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

9 20CV-0388, for Recovery on Payment Bond, Breach of Written Contract, Quantum
10 Meruit, and Open Book Account on five (5) separate construction projects (the “State
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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

11 Court Action”);
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WHEREAS on July 13, 2020, the Court issued an Initial Pretrial Scheduling

13 Order (“Scheduling Order”) in the instant Action, setting forth dates for close of
14 discovery, expert designation, supplemental expert designations, etc.;
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WHEREAS on August 10, 2021, the Parties filed a Stipulation to Amend the

16 Scheduling Order to allow the Parties additional time to mediate the claims in the
17 instant Action, the Cross-Claim and the State Court Action;
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WHEREAS on August 11, 2021, the Court issued an order continuing dates in

19 the Scheduling Order pursuant to the Parties’ Stipulation;
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WHEREAS on September 22, 2021, the Parties attempted to reach a global

21 settlement of the instant Action, the Cross-Claim and the State Court action through
22 mediation before retired Federal District Court Judge Oliver Wanger. The Parties,
23 however, did not settle at mediation, and now believe that additional discovery is
24 necessary before settlement is possible;
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WHEREAS the Parties wish to continue to attempt to reach global resolution

26 of all claims between them, , but due to the postponement of depositions and further
27 written discovery in favor of mediation, coupled with the impact to schedules and
28 delays caused by the continuing pandemic, the Parties seek additional time to engage
-2STIPULATION TO AMEND SCHEDULING ORDER AND ORDER
THEREON

1 in discovery and, thereafter, attempt again to reach a global settlement.
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WHEREAS the Parties have agreed to a continuance of the Scheduling Order

3 dates to allow additional time to attempt to reach a global settlement of the instant
4 Action, the Cross-Claim and the State Court Action.
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STIPULATION

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

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November 22, 2021

March 18, 2022

Expert Witness Designation

January 21, 2022

May 23, 2022

Supplemental Expert Designation

February 22, 2022

June 22, 2022

Supplemental Disclosures &
Responses

April 22, 2022

August 22, 2022

Dispositive Motion Filing Date

May 23, 2022

September 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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Proposed Dates

Current Date

Close of Non-Expert Discovery

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Description

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Dated: November --, 2021

ATKINSON, ANDELSON, LOYA, RUUD &
ROMO

Dated: November 3, 2021

COLEMAN & HOROWITT, LLP

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By:��:_______,_���-_:...._____:��1--=!!---�-Steven C. C ar
Sherrie M. Flynn
Attorneys for BCP MEC
-3STIPULATION TO AMEND SCHEDULING ORDER AND ORDER
THEREON

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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

4 Order are amended as follows:
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Description

Amended Dates

Close of Non-Expert Discovery

March 18, 2022

Expert Witness Designation

May 23, 2022

Supplemental Expert Designation

June 22, 2022

Supplemental Disclosures & Responses
Dispositive Motion Filing Date

August 22, 2022
September 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: November 8, 2021
Troy L. Nunley
United States District Judge

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-4STIPULATION TO AMEND SCHEDULING ORDER AND ORDER
THEREON