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

Filing 151

ORDER REOPENING CASE AND SETTING FURTHER CMC FOR 4/24/14 at 10:30 a.m. Case Management Statement due by 4/17/2014. Further Case Management Conference set for 4/24/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/11/14. (bpf, COURT STAFF) (Filed on 3/11/2014)

7

UNITED STATES DEPARTMENT OF JUSTICE
Ruth A. Harvey
Assistant Director
E. Kathleen Shahan
John Siemietkowski
Frances M. McLaughlin
Trial Attorneys
Commercial Litigation Branch
Civil Division
P.O. Box 875
Washington, D.C. 20044-0875
Tele: [phone]; Fax: [phone]
[e-mail]

8

Attorneys for Plaintiff/Counter-Defendants

9

12

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
Tele: [phone]; Fax: [phone]
[e-mail]; [e-mail]

13

Attorneys for Defendants/Counter-Plaintiffs

1
2
3
4
5
6

10
11

UNITED STATE DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO/OAKLAND DIVISION

14
15
16

UNITED STATES OF AMERICA,
17
18
19
20
21
22
23
24
25
26
27
28

)
)
Plaintiff,
)
)
v.
)
)
GONZALES & GONZALES BONDS
)
AND INSURANCE AGENCY, INC., and
)
)
Defendants.
)
)
____________________________________
)
)
)
GONZALES & GONZALES BONDS
)
AND INSURANCE AGENCY, INC., and
)
AMERICAL SURETY COMPANY, INC.,
)
)
Counter-Plaintiffs,
)
)
v.
)
)
UNITED STATED DEPARMENT
)
OF HOMELAND SECURITY, RAND BEERS, )
in his capacity as ACTING SECRETARY
)
Status Conference Statement

CASE NO. CV-09-4029 EMC
STATUS CONFERENCE
STATEMENT ; ORDER REOPENING
CASE AND SETTING
CMC

09-CV-4029 EMC

1

OF THE UNITED STATED DEPARTMENT
OF HOMLAND SECURITY,

2
3

Counter-Defendants.
______________________________________

STATUS CONFERENCE STATEMENT

4

Pursuant to the Court’s September 25, 2012 Order, dkt. 141 at 12:19 (“the Remand Order”),

5
6
7

)
)
)
)
)

as modified by the Court’s November 8, 2012 Order, dkt. 144, the parties submit this status
conference statement. On January 23, 2013, Gonzales & Gonzales/American Surety Company

8
(G&G/ASC) sent the Department of Homeland Security (DHS) 59 DVDs containing briefs
9
10

presenting its bond breach defenses on the 59 bond breach determinations that were subject to the

11

Remand Order. DHS has now completed its review and issued its resulting decisions on its 59 bond

12

breach determinations.

13
14
15
16

Pursuant to the Remand Order, dkt. 141 at 13:11, the parties now seek to have the case reopened for purposes of judicial determination of issues presented in the various decisions following
remand, id. at 13:4-5. Once the case is re-opened, the parties respectfully request a status conference
on or after April 15, 2014, based on the Court’s availability. The parties have agreed to submit to

17
18

the Court a joint statement setting forth their respective positions (to the extent there is any

19

disagreement) on how best to proceed with a presentation of the issues for the Court’s review and

20

adjudication, and will do so 7 days before the status conference set by the Court. The parties believe

21

that this approach will allow for an efficient streamlining of issues and efficient management of the

22

case.

23
24
25
26
27
28
Status Conference Statement

09-CV-4029 EMC

1
2
3
Dated: March 10, 2014
4
5
6

ROXBOROUGH, POMERANCE,
NYE & ADREANI
/s/ Gary A. Nye
GARY A. NYE
DAVID R. GINSBURG

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

7
8

Attorneys for Gonzales &
Gonzales Bonds and Insurance
Agency, Inc. and American
Surety Company, Inc.

15

/s/ John J. Siemietkowski
J. CHRISTOPHER KOHN
RUTH A. HARVEY
E. KATHLEEN SHAHAN (D.C. Bar No. 267872)
JOHN SIEMIETKOWSKI (PA Bar No. 50346)
FRANCES M. MCLAUGHLIN (FL Bar No. 0256640)
U.S. Department of Justice
Commercial Litigation Branch
P.O. Box 875
Ben Franklin Station
Washington, DC 2044-0875
Tel: [phone]
Fax: [phone]

16

Attorneys for the United States of America

9
10
11
12
13
14

17

27

ER

R NIA

dward
Judge E

H

26

RT

25

NO

24

n

M. Che

FO

23

DERED
SO OR ED
IT IS
DIFI
AS MO

LI

22

RT
U
O

21

A

A

20

S

19

IT IS SO ORDERED that the Clerk of the Court is directed to reopen this case.
case management conference is set for 4/24/14 at 10:30 a.m. An updated joint
cmc statement shall be filed by 4/17/14.
______________________
S DISTRICT
Edward M. Chen
TE
C
U.S. DistrictTA
Judge
Dated: 3/11/14

UNIT
ED

18

N

F
D IS T IC T O
R

C

28
Status Conference Statement

09-CV-4029 EMC