The United States of America et al v. I.E.--Pacific, Inc. et al

Filing 44

STIPULATION AND ORDER RE 42 RESCHEDULING THE HEARING OF CENTRAL VALLEY ENGINEERING & ASPHALT, INC.S MOTION TO VACATE. Motion Hearing set for 8/8/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 7/9/13. (cl, COURT STAFF) (Filed on 7/9/2013)

P. RANDOLPH FINCH JR., SBN 185004
E-MAIL:

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E-MAIL:

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[e-mail]

MARKS, FINCH, THORNTON & BAIRD, LLP
ATTORNEYS AT LAW

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4747 EXECUTIVE DRIVE – SUITE 700

SAN DIEGO, CALIFORNIA 92121-3107

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[e-mail]

DUSTIN R. JONES, SBN 251335

TELEPHONE: [phone]

Attorneys for Defendants I.E.-Pacific, Inc. and
Travelers Casualty and Surety Company of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIVISION OF SAN FRANCISCO

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THE UNITED STATES OF AMERICA
for the Use and Benefit of CENTRAL
VALLEY ENGINEERING &
ASPHALT, INC.; and
CENTRAL VALLEY ENGINEERING
& ASPHALT, INC., on its own behalf,
Plaintiff,

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v.

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I.E.-PACIFIC, INC.;
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA;
and
DOES 1-10,

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CASE NO: 3:10-CV-02663
STIPULATION AND [PROPOSED]
ORDER REGARDING
RESCHEDULING THE HEARING OF
CENTRAL VALLEY ENGINEERING &
ASPHALT, INC.’S MOTION TO
VACATE
Assigned to:
Hon. Richard Seeborg
Courtroom 3, 17th Floor
Complaint Filed:

June 17, 2010

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Defendants.

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This stipulation is entered into by and between I.E.-Pacific, Inc. (“IEP”),

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Travelers Casualty And Surety Company Of America (“Travelers”) and Central

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Valley Engineering & Asphalt, Inc. (“CVEA”), through counsel. IEP, Travelers

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and CVEA are collectively referred to as the “Parties.”
RECITALS

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A.

On June 24, 2013, CVEA filed a motion to vacate the arbitration

award issued by the arbitrator in the captioned action.
B.

The hearing on CVEA’s motion is currently scheduled for 1:30 p.m.

on August 1, 2013.
CASE NO.: 3:10-CV-02663

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C.

IEP and Travelers’ opposition is currently due on July 8, 2013.

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D.

CVEA’s reply is currently due on July 15, 2013.

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E.

The Parties wish to reschedule the hearing for 1:30 p.m. on August

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8, 2013.
STIPULATION

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Through counsel, the Parties stipulate as follows:

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1.

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The hearing on CVEA’s motion to vacate is rescheduled to 1:30

p.m. on August 8, 2013.
2.

IEP and Travelers’ opposition must be filed on or before July 8,

2013 (this deadline is unchanged).
3.

CVEA’s reply must be filed on or before July 15, 2013 (this

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deadline is unchanged).

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SO STIPULATED.

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DATED: July 8, 2013

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Respectfully submitted,
MARKS, FINCH, THORNTON & BAIRD, LLP

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By: s/Dustin R. Jones
P. RANDOLPH FINCH JR.
DUSTIN R. JONES
Attorneys for Defendants I.E.-Pacific, Inc. and
Travelers Casualty and Surety Company of America

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DATED: July 8, 2013

Respectfully submitted,

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MURPHY, CAMPBELL, GUTHRIE & ALLISTON

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By: s/Daniel J. Foster
GEORGE A. GUTHRIE
DANIEL J. FOSTER
Attorneys for Plaintiff Central Valley Engineering &
Asphalt, Inc.

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MARKS, FINCH,
THORNTON & BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121
[phone]

/ / / / /
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CASE NO: 3:10-CV-02663

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[PROPOSED] ORDER

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After considering the above stipulation and for good cause shown, the

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Court orders as follows:
1.

The hearing on CVEA’s motion to vacate is rescheduled to 1:30

p.m. on August 8, 2013.
2.

IEP and Travelers’ opposition must be filed on or before July 8,

2013 (this deadline is unchanged).
3.

CVEA’s reply must be filed on or before July 15, 2013 (this

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deadline is unchanged).

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SO ORDERED.

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7/9
DATED: __________________, 2013

__________________________________
HONORABLE RICHARD SEEBORG

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MARKS, FINCH,
THORNTON & BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121
[phone]

400.020/35A9577.DOCX.kam

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CASE NO: 3:10-CV-02663