United States of America for the Use and Benefit of Webcor Construction, Inc. et al v. Dick/Morganti et al

Filing 162

ORDER extending time to file answer re 161 Stipulation, filed by Dick/Morganti, American Casualty Company of Reading, PA., National Union Fire Insurance Company of Pittsburgh, PA, Dick Corporation, Morganti Group, The. Signed by Judge Charles R. Breyer on 11/24/08. (be, COURT STAFF) (Filed on 11/25/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Local Civil Rule 6-2, Defendants, Counter-Claimants, and Third Party Complainants DICK/MORGANTI, DICK CORPORATION, THE MORGANTI GROUP, AMERICAN CASUALTY COMPANY OF READING, PA, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (together, "D/M") and Plaintiff WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS ("Webcor") hereby stipulate and agree that
SF #1589547 v1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA--SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA for the Use and Benefit of WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS, and WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS, vs. Plaintiffs,

Case No.: 3:07-CV-02564-CRB STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING TIME TO FILE ANSWER Before: Hon. Charles R. Breyer

DICK/MORGANTI, a joint venture, DICK CORPORATION, THE MORGANTI GROUP, AMERICAN CASUALTY COMPANY OF READING, PA, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, and DOES 1 through 10, inclusive, Defendants. AND RELATED COUNTER-CLAIMS AND THIRD PARTY CLAIMS.

1

Stipulation and Order Further Extending Time to File Answer -- Case No.: 3:07-CV-02564-CRB

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the deadline for D/M to file an answer to Webcor's complaint, as well as the time for D/M to file a counterclaim, if any, be further extended for two months, to January 30, 2009. The parties and their representatives continue to meet and discuss various issues, including how Webcor's claims will be passed through to the Project owner. There is also a status conference set for January 12, 2009 in the appeals arising from the Project that are before the Civilian Board of Contract Appeals. In the meantime, the parties prefer to avoid spending time on litigation activities and filings in the case, and therefore stipulate to this further extension of time. The time for D/M to file an answer to Webcor's complaint and the time for D/M to file a counterclaim has been extended twice before. Additionally, there have been other time extensions in this case, including time extensions in connection with case management conferences. A declaration in support of this stipulated request is attached.

Dated: November 20, 2008

THELEN LLP 101 Second Street, Suite 1800 San Francisco, California 94105 Tel. [phone] // Fax [phone] /s/ John W. Ralls By: _______________________________________ John W. Ralls Attorneys for Defendants, Counter-Claimants and Third Party Complainants DICK/MORGANTI, DICK CORPORATION, THE MORGANTI GROUP, AMERICAN CASUALTY COMPANY OF READING, PA, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Dated: November 20, 2008

BOWLES & VERNA LLP 2121 N. California Boulevard, Suite 875 Walnut Creek, California 94596 Tel. [phone] // Fax [phone] /s/ Kenneth G. Jones By: _______________________________________ Kenneth G. Jones Attorneys for Plaintiff WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS

SF #1589547 v1

2

Stipulation and Order Further Extending Time to File Answer -- Case No.: 3:07-CV-02564-CRB

1 2 3 4 5 6 7 8 9

ORDER The deadline for Defendants, Counter-Claimants, and Third Party Complainants DICK/MORGANTI, DICK CORPORATION, THE MORGANTI GROUP, AMERICAN CASUALTY COMPANY OF READING, PA, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (together, "D/M") file an answer to the complaint of Plaintiff WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS ("Webcor"), as well as the time for D/M to file a counterclaim, if any, is further extended to January 30, 2009. PURSUANT TO STIPULATION, IT IS SO ORDERED.

11 12 13

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SF #1589547 v1

ER

N

F D IS T IC T O R

3

Stipulation and Order Further Extending Time to File Answer -- Case No.: 3:07-CV-02564-CRB

A

C

LI

FO

J

arles R udge Ch

. Breyer

R NIA

____________________________________ Hon. Charles R. DERED Breyer OR SO District Court United IStates IT S Northern District of California

UNIT ED

S

10

Dated:

November 24

, 2008

S DISTRICT TE C TA

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SF #1589547 v1

DECLARATION OF JOHN W. RALLS

I, John W. Ralls, declare: 1. I am an attorney-at-law, a partner with Thelen LLP and counsel of record for

Defendants, Counter-Claimants, and Third Party Complainants DICK/MORGANTI, DICK CORPORATION, THE MORGANTI GROUP, AMERICAN CASUALTY COMPANY OF READING, PA, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (together, "D/M"). 2 Plaintiff WEBCOR CONSTRUCTION, INC. dba WEBCOR BUILDERS

("Webcor"), on the one hand, and D/M, on the other, have agreed to continue to discuss various issues, including how Webcor's claims will be passed through and presented to the Project owner. There is also a status conference set for January 12, 2009 in the appeals arising from the Project that are before the Civilian Board of Contract Appeals. In the meantime, the parties prefer to avoid spending time on litigation activities and filings in this case. Therefore, the parties have stipulated and agreed to extend the deadline for D/M to file an answer to Webcor's complaint, as well as the time for D/M to file a counterclaim, if any, to January 30, 2009. 3. The parties have previously stipulated, and the Court has previously allowed, an

extension for the response to the complaint and counterclaim. Additionally, there have been other time extensions in this case, including time extensions in connection with case management conferences. I declare under penalty of perjury under the law of the United States that the foregoing is true and correct. Executed on November 20, 2008, in San Francisco, California.

John W. Ralls

-4Declaration of John W. Ralls -- Case No.: 3:07-CV-02564-CRB