ABF Freight Systems, Inc. v. United States Of America et al

Filing 18

ORDER Initial Case Management Conference set for 10/28/2011 02:30 PM. (tf, COURT STAFF) (Filed on 7/15/2011)

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MELINDA L. HAAG (CSBN132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
JUAN D. WALKER (CSBN 208008)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for the Federal Defendant

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LEWIS BRISBOIS BISGAARD & SMITH LLP
CHRISTOPHER J. NEVIS, SB# 162812
E-Mail: [e-mail]
MICHAEL S. ROMEO, SB# 180978
E-Mail: [e-mail]
One Sansome Street, Suite 1400
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant WEST BAY BUILDERS, INC.

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LAW OFFICES OF CLARK W. PATTEN
Clark W. Patten (SBN 77707)
21C Orinda Way #362
Orinda, CA 94563
E-mail: [e-mail]
Attorneys for Plaintiff ABF FREIGHT SYSTEMS, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
)
)
)
Plaintiff,
)
)
v.
)
UNITED STATES OF AMERICA, WEST )
)
BAY BUILDERS,
)
)
Defendants.
)

No. C-10-5188 SI

ABF FREIGHT SYSTEMS, INC.,

STIPULATION AND [PROPOSED] ORDER
REGARDING STAYING CASE PENDING
RESOLUTION OF ADMINISTRATIVE
CLAIM

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STIPULATION AND [PROPOSED] ORDER
TO STAY CASE
C 10-5188 SI

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The parties, by and through their counsel of record, hereby stipulate and agree as follows:

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1. Plaintiff ABF Freight Systems, Inc. filed the above-captioned Federal Tort Claims Act

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(“FTCA”) action on or about November 16, 2010. Plaintiff claims it paid workers’ compensation

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benefits to and on behalf of its employee, Thomas Mills, for injuries allegedly arising from a

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December 12, 2008 accident.

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2. On or about December 9, 2010, Mr. Mills submitted an administrative claim, Standard

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Form 95, with the General Services Administration (“GSA”) and Federal Protective Service, a

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division of the Department of Homeland Security (“DHS”) for damages allegedly arising from the

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December 12, 2008 accident. Mr. Mills’s administrative claim was denied on March 23, 2011.

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By statute, if Mr. Mills chooses to file suit in district court, he must do so within 6 months of the

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denial of his administrative claim. Accordingly, Mr. Mills must file suit in district court on or

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before September 23, 2011.

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3. On December 9, 2010, counsel for Mr. Mills, Dawn L. Hassell of the Hassell Law Group,

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P.C., filed a lawsuit in San Francisco Superior Court captioned Thomas Mills v. West Bay

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Builders, Inc. et al., Case No. GCG-505005. The suit is against Defendant West Bay Builders,

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Inc. and Security Consultants Group, Inc., who is not a party to the above-captioned matter. The

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state lawsuit seeks damages for personal injuries resulting from the December 8, 2008 accident.

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4. If Mr. Mills files suit in district court regarding the December 12, 2008 accident, his

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complaint would involve substantially the same parties, allegations, and events as the above-

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captioned action. Accordingly, the parties believe a stay until after the September 23, 2011

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deadline for Mr. Mills to file suit in district court would promote economy, and avoid unnecessary

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duplication of labor or expense.

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5. While the decision on the administrative claim filed by Mr. Mills was pending, the parties

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to this action entered a stipulation to stay the matter until August 5, 2011. The Court signed the

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order granting the stay on March 14, 2011.

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STIPULATION AND [PROPOSED] ORDER
TO STAY CASE
C 10-5188 SI

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6. For the above stated reasons, the parties stipulate to stay the above-captioned case until

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October 15, 2011, by which time the parties will know whether Mr. Mills has filed suit in district

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court.

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DATED: July 13, 2011

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/s/
JUAN D. WALKER
Assistant United States Attorney
Attorneys for Federal Defendant

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DATED: July 13, 2011

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LEWIS BRISBOIS BISGAARD & Mills LLP

/s/
MICHAEL S. ROMEO
Attorneys for Defendant WEST BAY

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MELINDA L. HAAG
United States Attorney

DATED: July 13, 2011

LAW OFFICE OF CLARK W. PATTEN

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/s/
CLARK W. PATTEN
Attorneys for Plaintiff ABF

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[PROPOSED] ORDER

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Pursuant to stipulation by the parties, the above-captioned case is stayed until October 1, 2011.
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The Initial Case Management Conference is continued from August 5, 2011 to October 21, 2011 at

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2:30pm, and the parties will file a Joint Case Management Conference Statement one week prior

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to the Initial Case Management Conference.

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IT IS SO ORDERED.

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7/14/11
Dated:_____________________

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______________________
SUSAN ILSTON
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
TO STAY CASE
C 10-5188 SI

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ATTESTATION OF CONCURRENCE IN FILING
ABF Freight Systems, Inc. v. United States of America, et al., No. C 10-5188 SI
In accord with the Northern District of California’s General Order No. 45, Section X(B),
I attest that concurrence in the filing of this document has been obtained from the other
signatories listed on this document.

Dated: July 14, 2011

/s/
Juan D. Walker
Assistant U.S. Attorney
Northern District of California
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]