Northern States Electric et al v. Page Construction Company et al

Filing 31

ORDER to continue CMC re 29 Stipulation filed by Traveler's Casualty and Surety Company of America, St. Paul Traveler's, Page Construction Company Further Case Management Conference set for 7/9/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 4/14/2010. (be, COURT STAFF) (Filed on 4/15/2010)

1 CRAIG L. JUDSON - 114926 SHARON M. NAGLE - 179124 2 Bold, Polisner, Maddow, Nelson & Judson A Professional Corporation 3 500 Ygnacio Valley Road, Suite 325 Walnut Creek, CA 94596 4 [phone] - telephone [phone] - facsimile 5 Attorneys for Plaintiff NORTHERN 6 STATES ELECTRIC 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 NORTHERN STATES ELECTRIC, a California corporation, and the UNITED 11 STATES, for the use of NORTHERN STATES ELECTRIC, a California 12 Corporation, 13 14 vs. 15 PAGE CONSTRUCTION COMPANY, a California Corporation, ST. PAUL 16 TRAVELER'S, and DOES 1 through 10, inclusive. 17 Defendants 18 19 20 Plaintiff Northern States Electric and Defendants Page Construction Company and Plaintiffs ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C08-05171 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

21 St. Paul Traveler's, by and between their respective counsel, hereby request a continuance of 22 the April 23, 2010 Case Management Conference scheduled before the Honorable Charles 23 R. Breyer of the United States District Court. 24 The parties ask for this continuance because they recently attended a mediation in

25 this case, at which the parties agreed to pursue an alternative remedy and stay the litigation

BOLD, POLISNER, MADDOW, NELSON & JUDSON A PROFESSIONAL CORP. SUITE 325 500 YGNACIO VALLEY ROAD WALNUT CREEK, CA 94596 PHONE [phone] FAX [phone]

N S E v. Page Construction, et al. C a s e No: C08-05171 P age 1

1 before this court. Page has agreed to file equitable adjustment claims with the United States 2 Government on behalf of NSE and with the assistance of NSE. 3 Some claims have been submitted to the United States Government, which has

4 resulted in a revised change order and payment to NSE (thereby reducing the amount in 5 controversy). In addition, Page discovered an accounting error, which was rectified by an 6 additional payment to NSE. The parties are in the process of preparing additional equitable 7 adjustment claims and hope to have those submitted to the United States Government 8 shortly. In an effort to pursue this alternative remedy, the parties stipulate to continue the 9 Case Management Conference to a later date. The parties stipulate to continue the Case 10 Management Conference to June 25, July 2, or July 9, 1010. 11 Date: April 7, 2010 12 13 By: 14 15 Date: 16 17 By: 18 19 20 ORDER 21 PURSUANT TO STIPULATION, the Case Management Conference set for April 23, 2010 22 is continued to 23
UNIT ED

BOLD, POLISNER, MADDOW, NELSON, & JUDSON

/s/ Sharon M. Nagle Attorneys for Northern States Electric

April 7, 2010

MCINERNEY & DILLON

/s/ LeCarie S. Whitfield Attorneys for Page Construction and Travelers Casualty and Surety Company of America

July 9

, 2010.
S DISTRICT TE C TA

Dated: 25

April 14

, 2010

BOLD, POLISNER, MADDOW, NELSON & JUDSON A PROFESSIONAL CORP. SUITE 325 500 YGNACIO VALLEY ROAD WALNUT CREEK, CA 94596 PHONE [phone] FAX [phone]

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N S E v. Page Construction, et al. C a s e No: C08-05171

. harles R Judge C

Breyer

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By: United States District Judge ORDERED IS SO
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