Wilson et al v. Timec Services Co.,. et al

Filing 114

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 9/26/2024 STAYING Timec's 112 Crossclaim until the causes of action asserted in the 77 Second Amended Complaint are resolved. (Woodson, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 HUNTON ANDREWS KURTH LLP M. Brett Burns (SBN 256965) mbrettburns@huntonAK.com Holly Williamson (Pro Hac Vice) hwilliamson@HuntonAK.com Karen Jennings Evans (SBN 197046) kevans@HuntonAK.com 50 California Street, Suite 1700 San Francisco, California 94111 Telephone: 415 • 975 • 3700 Facsimile: 415 • 975 • 3701 Attorneys for Defendant DISA GLOBAL SOLUTIONS, INC. DINA GLUCKSMAN (SBN: 245646) dglucksman@grsm.com KIMBERLY WESTMORELAND (SBN: 237919) kwestmoreland@grsm.com CECILIA HONG (SBN: 308227) chong@grsm.com GORDON REES SCULLY MANSUKHANI, LLP 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 Telephone: (213) 576-5043 Facsimile: (213) 680-4470 Attorneys for Defendants TIMEC SERVICES COMPANY, INC.; FERROVIAL SERVICES INFRASTRUCTURE, INC.; VALERO REFINING COMPANY – CALIFORNIA VOYS, SATER, SEYMOUR AND PEASE LLP Adam S. Hamburg (SBN 247127) ashamburg@voys.com 4675 MacArthur Court, Suite 700 Newport Beach, CA 92660-1842 Telephone 949-526-7903 Attorneys for TIMEC SERVICES COMPANY, INC. 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 MARVONTE WILSON and DOMONIQUE DANIELS, individually and on behalf of all others similarly situated, 20 Case No. 2:23-CV-00172-WBS-CSK STIPULATION TO BIFURCATE AND STAY TIMEC SERVICES COMPANY INC.’S CROSS CLAIM AGAINST DISA GLOBAL SOLUTIONS; ORDER Plaintiffs, 21 22 23 24 25 v. TIMEC SERVICES COMPANY, INC.; FERROVIAL SERVICES INFRASTRUCTURE, INC.; VALERO REFINING COMPANY – CALIFORNIA; DISA GLOBAL SOLUTIONS; and DOES 1 THROUGH 50, INCLUSIVE, 26 Defendants. 27 28 1 STIPULATION TO BIFURCATE AND STAY TIMEC SERVICES COMPANY INC.’S CROSS CLAIM AGAINST DISA GLOBAL SOLUTIONS; ORDER 1 It is hereby stipulated by and between Defendant and Cross-Claimant TIMEC SERVICES 2 COMPANY, INC. (“Timec”) and Defendant and Cross-Defendant DISA GLOBAL SOLUTIONS 3 (“DISA”) (collectively, the “Parties”) through their respective counsel of record as follows: 4 WHEREAS, Timec filed its Crossclaim against DISA in this action on September 6, 2024; 5 WHEREAS, a Court determination of the causes of action in Timec’s Crossclaim for 6 indemnity and declaratory relief are not necessary for the resolution of Plaintiffs’ claims against 7 Timec and DISA; 8 WHEREAS, Timec and DISA agree that it is in the interest of judicial economy and 9 efficiency, as well as the Parties’ interests of efficiency to bifurcate Timec’s crossclaim and stay the 10 11 crossclaim until after Plaintiff’s causes of action are resolved; NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Timec and DISA, 12 through their respective counsel, that Timec’s Crossclaim against DISA is bifurcated from Plaintiffs’ 13 Second Amended Complaint and all matters concerning the Crossclaim are stayed until the causes of 14 action asserted by Plaintiffs in the Second Amended Complaint in this action are resolved. 15 Furthermore, neither Timec nor DISA waives any claims, defenses, or other matters concerning the 16 Crossclaim; both Parties reserve all rights as to any claims, defenses, or other matters. 17 18 Dated: September 20, 2024 19 /s/ Adam S. Hamburg By: Adam S. Hamburg (as authorized on September 20, 2024) Attorneys for CROSS-CLAIMANT TIMEC SERVICES COMPANY, INC. 20 21 22 23 VOYS, SATER, SEYMOUR AND PEASE, LLP Dated: September 20, 2024 GORDON REES SCULLY MANSUKHANI, LLP 24 25 26 27 28 /s/ Kimberly Westmoreland By: Kimberly Westmoreland (as authorized on September 20, 2024) Attorneys for DEFENDANTS TIMEC SERVICES COMPANY, INC.; FERROVIAL SERVICES INFRASTRUCTURE, INC.; and VALERO REFINING COMPANY – CALIFORNIA. 2 STIPULATION TO BIFURCATE AND STAY TIMEC SERVICES COMPANY INC.’S CROSS CLAIM AGAINST DISA GLOBAL SOLUTIONS; ORDER 1 Dated: September 20, 2024 HUNTON ANDREWS KURTH LLP 2 3 4 5 /s/ M. Brett Burns By: M. Brett Burns Attorneys for DEFENDANT and CROSSDEFENDANT DISA GLOBAL SOLUTIONS, INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO BIFURCATE AND STAY TIMEC SERVICES COMPANY INC.’S CROSS CLAIM AGAINST DISA GLOBAL SOLUTIONS; ORDER 1 2 ORDER Based on the stipulation of the parties, and good cause appearing therefore, Timec’s 3 Crossclaim against DISA is bifurcated from Plaintiffs’ Second Amended Complaint and stayed until 4 the causes of action asserted by Plaintiffs in the Second Amended Complaint in this action are 5 resolved. Counsel shall notify the court by joint status report when the causes of action in the Second 6 Amended Complaint have been finally resolved. 7 8 IT IS SO ORDERED. 9 10 Dated: September 26, 2024 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER ON STIPULATION TO BIFURCATE AND STAY TIMEC SERVICES COMPANY INC.’S CROSS CLAIM AGAINST DISA GLOBAL SOLUTIONS; ORDER

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