Lennar-BVHP, LLC v. CH2M Hill Companies,Ltd.

Filing 14

ORDER by Judge Illston granting 13 Motion to Continue (ts, COURT STAFF) (Filed on 10/8/2008)

Case 3:08-cv-03058-SI

Document 10

Filed 09/30/2008

Page 1 of 4

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

DEBRA S. BELAGA (S.B. #83237) -- [e-mail] RANDALL W. EDWARDS (S.B. #179053) -- [e-mail] ROBIN M. WALL (S.B. #235690) -- [e-mail] FLORA F. VIGO (S.B. #239643) -- [e-mail] O'MELVENY & MYERS LLP Two Embarcadero Center 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff LENNAR-BVHP, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

LENNAR-BVHP, LLC, a California limited liability company, Plaintiff, v. CH2M HILL, INC., a Florida corporation, and CH2M HILL COMPANIES, LTD., an Oregon corporation, Defendants.

Case No. CV-08-03058 SI

MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

Motion To Continue CMC and [Proposed] Order CV-08-03058 SI

Case 3:08-cv-03058-SI

Document 10

Filed 09/30/2008

Page 2 of 4

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

Plaintiff Lennar-BVHP, LLC ("Lennar-BVHP") requests that the Court continue the Initial Case Management Conference currently scheduled for October 10, 2008 at 2:00 p.m. The current conference date conflicts with another federal trial being handled by Lennar-BVHP's counsel, and a later date also would promote efficiency. Randall Edwards is counsel for Lennar-BVHP in this action and would have principal responsibility at the Initial Case Management Conference. Mr. Edwards also is lead counsel in the matter of Peoples v. County of Contra Costa, Northern District Court Case No. C-07-0051 MHP. The Peoples matter presently is scheduled to begin trial before the Honorable Judge Marilyn H. Patel on October 7, 2008 -- three days before the Initial Case Management Conference in this action. Trial in the Peoples matter is expected to continue through much of October. Because of this scheduling conflict, Mr. Edwards would be unable to attend the Initial Case Management Conference in this case if it remained on its current date. Mr. Edwards's partner Debra Belaga likewise has a conflict due to a long trial scheduled to begin in San Diego on October 16. On September 24, 2008, Mr. Edwards spoke with Deborah Ballati, counsel for CH2. Ms. Ballati indicated that CH2 believes the claims in this case are subject to arbitration. Without prejudice to that position, CH2 did not indicate a specific objection to Lennar-BVHP's desire to request a short continuance of the Initial Case Management Conference presently scheduled for October 10. In addition, a short continuance may promote efficiency. Lennar-BVHP has not yet served Defendants CH2M Hill, Inc. and CH2M Hill, Ltd. ("CH2") with the Summons and Complaint in this matter because the parties have been engaged in discussions regarding a potential resolution. If these discussions are unsuccessful, Lennar will be able to serve CH2 by at least October 21, 2008, which is 120 days after the Complaint was filed in this case. Accordingly, Lennar respectfully requests that the Court reschedule the Initial Case Management Conference to November 14, 2008, or as soon thereafter as the Conference

-2-

Motion To Continue CMC and [Proposed] Order CV-08-03058 SI

Case 3:08-cv-03058-SI

Document 10

Filed 09/30/2008

Page 3 of 4

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

may be held.1 This motion is made pursuant to Civil L.R. 6-1 and 6-3. Lennar-BVHP makes this request for good cause and not for the purpose of delay. The declaration of Randall Edwards accompanies this motion.

Dated:

September 30, 2008

O'MELVENY & MYERS LLP

By: /s/ Randall W. Edwards Randall W. Edwards Attorneys for Plaintiff Lennar-BVHP

1

Mr. Edwards has a separate conflict out of the state on November 7, 2008. -3Motion To Continue CMC and [Proposed] Order CV-08-03058 SI

Case 3:08-cv-03058-SI

Document 10

Filed 09/30/2008

Page 4 of 4

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
SF1:728821.1

[PROPOSED] ORDER IT IS HEREBY ORDERED that the currently scheduled Case Management
November 21, 2008 @ 2 p.m. Conference is continued to __________________________. The parties must file a joint

case management statement with the Court at least seven days in advance of the conference.

Dated: _______________, 2008 Honorable Susan Illston United States District Judge

-4-

Motion To Continue CMC and [Proposed] Order CV-08-03058 SI