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

Filing 38

ORDER to continue CMC re 37 Stipulation filed by Page Construction Company Further Case Management Conference set for 2/18/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/16/2010. (be, COURT STAFF) (Filed on 11/17/2010)

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

Doc. 38

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 STATES ELECTRIC 6 TIMOTHY L. MCINERNEY - 124807 7 LECARIE S. WHITFIELD - 192186 McInerney & Dillon, P.C. 8 1999 Harrison Street, Suite 1700 Oakland, CA 94612 9 [phone] - telephone [phone] - facsimile 10 Attorneys for Defendants PAGE CONSTRUCTION, INC. and 11 ST. PAUL TRAVELER'S 12 13 14 NORTHERN STATES ELECTRIC, a 15 California corporation, and the UNITED STATES, for the use of NORTHERN 16 STATES ELECTRIC, a California Corporation, 17 Plaintiffs 18 vs. 19 PAGE CONSTRUCTION COMPANY, a California Corporation, ST. PAUL 20 TRAVELER'S, and DOES 1 through 10, inclusive. 21 Defendants 22 23 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C08-05171 JOINT STATUS REPORT AND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE PRESENTLY SCHEUDLED FOR NOVEMBER 19, 2010, FOR A PERIOD OF 90 DAYS TO ALLOW PARTIES TO CONDUCT FURTHER ADR SESSION; PROPOSED ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Plaintiff Northern States Electric and Defendants Page Construction Company and

24 St. Paul Traveler's, by and between their respective counsel, hereby request a continuance of 25 the November 19, 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 Charles R. Breyer of the United States District Court. 2 3 The parties ask for this further continuance for the following reasons: a. The parties have pursued and completed contractually required

4 equitable adjustment of claims with the United States Government (National Guard) on 5 behalf of NSE. The contractually required equitable adjustment proceedings have resulted 6 in the parties settling a majority of the sixteen (16) change order claims NSE has presented 7 in this action. The National Guard issued a change order to Page Construction, who in turn 8 issued a change order to Northern States Electric and an additional payment of more than 9 $45,000. 10 b. On November 9, 2010, Northern States Electric provided Page

11 Construction with an itemized list of work-related that it contends were not resolved in the 12 proceedings with the National Guard. Northern States Electric has indicated that the value 13 of the remaining items is less than $64,000. Page Construction is in the process of 14 reviewing that itemized list to formulate a response. 15 c. At the original mediation session with mediator Fred Hertz, the

16 parties agreed to reconvene further mediation in the event the equitable adjustment 17 proceedings did not resolve this entire litigation. The parties request a further continuance 18 of the case management conference to allow time to meaningfully participate in a second 19 mediation session. 20 In a joint effort to pursue alternative dispute resolutions for this litigation, the parties

21 stipulate to continuance of the Case Management Conference for at least 90 days to permit 22 the mediation session or sessions to be scheduled and meaningfully conducted. The parties 23 request the continued Case Management Conference be scheduled on February 18, March 4 24 or 18, 2011. 25

N S E v. Page Construction, et al. C a s e No: C08-05171 P age 2

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IT IS SO STIPULATED. BOLD, POLISNER, MADDOW, NELSON, & JUDSON By: /s/ Sharon M. Nagle Attorneys for Northern States Electric

2 Date: November 10, 2010 3 4 5 6 Date: 7 8 9 10 11 12 13 14 November 10, 2010

MCINERNEY & DILLON

By:

/s/ LeCarie S. Whitfield Attorneys for Page Construction and St. Paul Travelers

ORDER 15 PURSUANT TO STIPULATION, the Case Management Conference set for November 19, 16 2010 is continued to 17 18 Dated: 19 20 21 22 23 24 25 November 16 , 2010 By: February 18 , 2011.

UNIT ED

Honorable Charles R. Breyer UNITED STATES DISTRICT JUDGE ED

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