UNITED STATES OF AMERICA et al v. Butte Steel & Fabrication, Inc. et al

Filing 51

STIPULATION AND ORDER re 50 STIPULATION re 40 MOTION to Strike 30 Answer to Complaint, 31 Crossclaim , 39 MOTION to Dismiss filed by Tetra Tech Tesoro, Inc., Safeco Insurance of America. Reset Deadl ines as to 40 MOTION to Strike 30 Answer to Complaint, 31 Crossclaim , 39 MOTION to Dismiss . Motion Hearing set for 1/8/2013 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 11/21/2012. (knm, COURT STAFF) (Filed on 11/21/2012)

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Marie E. Colmey (State Bar No. 164840)
Email: [e-mail]
VANDEVENTER BLACK LLP
790 E. Colorado Blvd., Suite 500
Pasadena, CA 91101-2185
Telephone: [phone]
Telefax: [phone]
Attorneys for Defendants and Cross-Defendants, Tetra Tech Tesoro, Inc.
and Safeco Insurance of America

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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U. S. ex rel. McD CORPORATION,

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Plaintiff,
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vs.
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BUTTE STEEL & FABRICATION, INC.,
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et al.,
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Defendants.
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BUTTE STEEL & FABRICATION, INC., a )
California Corporation,
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Cross-Claimant,
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v.
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TETRA TECH TESORO, a Virginia
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Corporation and SAFECO INSURANCE OF )
AMERICA, a Washington Corporation,
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Cross-Defendants.
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Case No.: 3:12-CV-03638-EDL
STIPULATION TO CONTINUE
HEARING DATE AND [PROPOSED]
ORDER
Civil L.R. 6-2 and 7-12

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Pursuant to Civil Local Rules 6-2 and 7-12, Defendants/Cross-Defendants Tetra Tech
Safeco Insur

, Defendant/Cross-Claimant
Use Plaintiff U.S. ex rel. McD Corporation
attorneys of record, hereby stipulate and agree to a

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3:12-CV-03638-EDL
STIPULATION TO CONTINUE HEARING DATE
AND [PROPOSED] ORDER CIV. L.R. 6-2 AND 7-12

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thirty -five (35) day continuance of the hearing date for Tesoro/Safeco

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and Motion to Strike

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Butte
as follows:

RECITALS

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1.

McD filed its complaint on or about July 12, 2012.

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2.

Butte Steel filed an answer to the complaint and a crossclaim against Tesoro and

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Safeco on October 5, 2012.

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3.

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Motion to Strike

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are currently set for hearing on December 4, 2012.

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4.

Tesoro and Safeco filed a Motion to Dismiss

Crossclaim and a

Answer and Crossclaim on October 29, 2012. These two motions

At the initial Case Management Conference held on October 16, 2012, Magistrate

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Judge Laporte referred this case to Magistrate Judge Jacqueline Scott Corley for Settlement

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Conference to be scheduled within ninety (90) days.

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5.

All counsel participated in an initial ADR telephone conference call with

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Magistrate Judge Corley on October 29, 2012, and a second follow-up ADR telephone

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conference call with Judge Corley on November 16, 2012.

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6.

During the November 16, 2012 ADR telephone conference call, all parties agreed

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teel

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Additionally, principal representatives of Butte Steel and Tesoro have agreed to

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meet on November 28, 2012 to discuss disputed issues and documents, in conjunction with and

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as a part of

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negotiations in this case.

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8.

ongoing ADR settlement conference in this case, to further settlement

Magistrate Judge Corley has scheduled a follow up ADR telephone conference on

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December 3, 2012 to evaluate the status of settlement discussions and progress following the

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meeting between the principals of Butte Steel and Tesoro, and to schedule an ADR Settlement

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Conference.

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9.
hearing on December 4, 2012.
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3:12-CV-03638-EDL
STIPULATION TO CONTINUE HEARING DATE
AND [PROPOSED] ORDER CIV. L.R. 6-2 AND 7-12

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10.

Tesoro/Safe

reply briefs for both the Motion to Strike and Motion to Dismiss

are currently due to be filed on November 20, 2012.

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11.

During the November 16, 2012 ADR telephone conference call, Magistrate Judge

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Corley recommended, and counsel for Tesoro and Butte Steel agreed, to continue the hearing

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date for Tesoro/Safeco

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to continue, without unnecessarily expending both the court

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preparing and filing T

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hearing on Tesoro/Safeco motions.

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12.

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time and resources in

reply briefs for the two motions, and in preparing for the

All parties desire to continue the hearing on T

motions to allow

further

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to Dismiss and Motion to Strike, to allow settlement discussions

conference.

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settlement

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An additional thirty-

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motions will not prejudice any party to this case, and such continuance will preserve judicial

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resources and time, and allow settlement discussions to continue.

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NOW, THEREFORE, the Parties stipulate as follows:

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STIPULATION

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1.

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The hearing on Defendants/Cross-Defendants Tesoro and Safeco Motion to
Defendants/Cross-Defendants

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from December 4, 2012 to

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January 8, 2013, or another date convenient for this Court.

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3:12-CV-03638-EDL
STIPULATION TO CONTINUE HEARING DATE
AND [PROPOSED] ORDER CIV. L.R. 6-2 AND 7-12

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2.

Defendants/Cross-Defendants

reply briefs for its Motion to

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shall be filed and served fourteen (14) days before the date set for the hearing on these Motions.

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Dated: November 19, 2012

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By: /s/ Marie E. Colmey
Marie E. Colmey
Attorneys for Defendants/Cross-Defendants Tetra
Tech Tesoro, Inc. and Safeco Insurance of America

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Dated: November 21, 2012

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LAW OFFICE OF DAVID J. MURRAY
By: /s/ David J. Murray
David J. Murray
Attorneys for Defendant/Cross-Claimant Butte Steel
& Fabrication, Inc.

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VANDEVENTER BLACK LLP

Dated: November 21, 2012

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LAW OFFICE OF DOUGLAS R. THORN
By: /s/ Douglas R. Thorn
Douglas R. Thorn
Attorneys for Defendant/Crossclaimant Butte Steel
& Fabrication, Inc.

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Dated: November 21, 2012

By: /s/ Laurence P. Lubka
Laurence P. Lubka
Attorneys for Use Plaintiff U.S. ex rel.
McD Corporation

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LUBKA WHITE

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 21, 2012

UNITED STATES MAGISTRATE JUDGE
ELIZABETH D. LAPORTE

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By:
Elizabeth D. Laporte

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3:12-CV-03638-EDL
STIPULATION TO CONTINUE HEARING DATE
AND [PROPOSED] ORDER CIV. L.R. 6-2 AND 7-12