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

Filing 35

ORDER to continue CMC re 34 Stipulation filed by Page Construction Company Further Case Management Conference set for 11/12/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 9/1/2010. (be, COURT STAFF) (Filed on 9/3/2010)

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Northern States Electric et al v. Page Construction Company et al Doc. 35 1 2 3 4 5 CRAIG L. JUDSON - 114926 SHARON M. NAGLE - 179124 Bold, Polisner, Maddow, Nelson & Judson A Professional Corporation 500 Ygnacio Valley Road, Suite 325 Walnut Creek, CA 94596 (925) 933-7777 - telephone (925) 933-7804 - facsimile Attorneys for Plaintiff NORTHERN STATES ELECTRIC 6 7 8 9 10 11 12 13 14 15 16 17 Plaintiffs 18 19 20 21 Defendants 22 23 24 25 vs. PAGE CONSTRUCTION COMPANY, a California Corporation, ST. PAUL TRAVELER'S, and DOES 1 through 10, inclusive. NORTHERN STATES ELECTRIC, a California corporation, and the UNITED STATES, for the use of NORTHERN STATES ELECTRIC, a California Corporation, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C08-05171 Attorneys for Defendants PAGE CONSTRUCTION, INC. and ST. PAUL TRAVELER'S UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TIMOTHY L. MCINERNEY - 124807 LECARIE S. WHITFIELD - 192186 McInerney & Dillon, P.C. 1999 Harrison Street, Suite 1700 Oakland, CA 94612 (510) 465-7100 - telephone (510) 465-8556 - facsimile ORDER JOINT STATUS REPORT AND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Plaintiff Northern States Electric and Defendants Page Construction Company and St. Paul Traveler's, by and between their respective counsel, hereby request a continuance of the September 10, 2010 Case Management Conference scheduled before the Honorable N S E v. Page Construction, et al. C a s e No: C08-05171 P age 1 Dockets.Justia.com 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 Charles R. Breyer of the United States District Court. The parties ask for this further continuance for the following reasons: a. Based on the parties' agreement reached at mediation, Page Construction has been pursuing equitable adjustment claims with the United States Government (National Guard) on behalf of NSE and with the assistance of NSE. b. The contractually required equitable adjustment proceedings have resulted in the parties settling a majority of the sixteen (16) change order claims NSE has presented in this action. c. As of August 20, 2010, the National Guard notified Page Construction that it (National Guard) had completed the necessary paperwork and was awaiting Congressional funding on the negotiated claims. As the parties are continuing to work together to resolve their differences through this contractually required procedure, we request that the case management conference be continued to allow the equitable adjustment process to be completed. In a joint effort to pursue this alternative remedy, the parties stipulate to continue the Case Management Conference to a later date. The parties stipulate to continue the Case Management Conference to November 12, 19 or December 3, 2010. Date: August 30, 2010 BOLD, POLISNER, MADDOW, NELSON, & JUDSON By: /s/ Sharon M. Nagle Attorneys for Northern States Electric Date: August 30, 2010 MCINERNEY & DILLON By: /s/ LeCarie S. Whitfield Attorneys for Page Construction and St. Paul Travelers N S E v. Page Construction, et al. C a s e No: C08-05171 P age 2 1 ORDER 2 PURSUANT TO STIPULATION, the Case Management Conference set for September 10, 3 2010 is continued to 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 harles Judge C November 12 , 2010. UNIT ED Dated: September 01 , 2010 By: Honorable Charles R. Breyer UNITED STATES DERED JUDGE R DISTRICT R. Brey er S S DISTRICT TE C TA RT U O ER N F D IS T IC T O R N S E v. Page Construction, et al. C a s e No: C08-05171 P age 3 A C LI FO R NIA O IT IS S O NO RT H

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