United States of America v. Gonzales & Gonzales Bonds and Insurance Agency, Inc. et al

Filing 144

STIPULATION AND ORDER re 143 TO ENLARGE TIME SET FORTH IN THE REMAND ORDER filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. Signed by Judge Edward M. Chen on 11/8/12. (bpf, COURT STAFF) (Filed on 11/8/2012)

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Gary A. Nye, Esq. (Cal. Bar No. 126104)
David R. Ginsburg, Esq. (Cal. Bar No. 210900)
ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP
5820 Canoga Avenue, Suite 250
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]; [e-mail]
Attorneys for Defendants/Counterclaimants
Gonzales & Gonzales Bonds and Insurance Agency, Inc.
and American Surety Company, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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vs.

Assigned to the
Honorable Edward M. Chen

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GONZALES & GONZALES BONDS
AND INSURANCE AGENCY, INC. and
AMERICAN SURETY COMPANY, INC.,

STIPULATION TO ENLARGE TIME
SET FORTH IN THE REMAND
ORDER

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Plaintiff,

Case No. C 09-04029 EMC

Defendants.
_____________________________________
GONZALES & GONZALES BONDS
AND INSURANCE AGENCY, INC. and
AMERICAN SURETY COMPANY, INC.
Counterclaimants,

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vs.

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UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, JANET
NAPOLITANO, in her capacity as
SECRETARY OF UNITED STATES
DEPARTMENT OF HOMELAND
SECURITY

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Counterdefendants.

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STIPULATION TO ENLARGE TIME
SET FORTH IN THE REMAND ORDER

Case No. C 09-04029 EMC

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Pursuant to Civil L.R. 6-1, 6-2, and 7-12, Plaintiff United States of America,

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Counterdefendants United States Department of Homeland Security and Janet Napolitano, in her

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capacity as Secretary of United States Department of Homeland Security (collectively “United

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States”), on the one hand, and Defendants/Counterclaimants Gonzales & Gonzales Bonds and

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Insurance Agency, Inc. and American Surety Company, Inc. (“G&G/ASC”), on the other hand,

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by and through their respective counsel of record, and stipulate and agree as follows:

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1.

The Court issued a Remand Order on September 25, 2012, dkt. 141. The Order

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directs G&G, within 60 days of remand, to supplement the record before DHS with its defenses

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to each bond breach determination and an explanation of why those defenses should bar

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collection of the bonds.
2.

Given that nearly 60 bonds have been remanded to DHS, G&G asserts that it

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needs additional time to present its defenses and explanations of why those defenses should bar

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collection. The parties have agreed to a 60 day extension for G&G to provide this information

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to DHS for each of the remanded bonds. The new deadline would be January 23, 2013.

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3.

This is the first proposed time modification to the Remand Order.

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4.

The requested enlargement of time would not affect the schedule for the case.

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IT IS SO STIPULATED.

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STIPULATION TO ENLARGE TIME
SET FORTH IN THE REMAND ORDER

Case No. C 09-04029 EMC

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Dated: October 31, 2012

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STUART F. DELERY
Acting Assistant Attorney General
MELINDA HAAG
United States Attorney

ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP

/s/ John J. Siemietkowski
J. CHRISTOPHER KOHN
RUTH A. HARVEY
E. KATHLEEN SHAHAN
(D.C. Bar No. 267872)
JOHN J. SIEMIETKOWSKI
(PA Bar. No. 50346)
FRANCES M. MCLAUGHLIN
(FL Bar No. 0256640)
Trial Attorneys
Civil Division
Commercial Litigation Branch
P.O. Box 875, Ben Franklin Station
Washington, DC 20044-0875
Tel: [phone]
Fax: [phone]
[e-mail]

/s/ Gary A. Nye
GARY A. NYE
DAVID R. GINSBURG
Attorneys for Defendants/Counterclaimants
Gonzales & Gonzales Bonds and Insurance
Agency, Inc. and American Surety Company, Inc.

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Attorneys for the United States of
America

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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RT

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dwa
Judge E

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STIPULATION TO ENLARGE TIME
SET FORTH IN THE REMAND ORDER

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UNIT
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RT
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EDWARD M. CHEN
United States District Judge

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R NIA

November 8, 2012

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Dated:

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_______________________
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Case No. C 09-04029 EMC