UNITED STATES OF AMERICA et al v. Butte Steel & Fabrication, Inc. et al
Filing
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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: mcolmey@vanblk.com
VANDEVENTER BLACK LLP
790 E. Colorado Blvd., Suite 500
Pasadena, CA 91101-2185
Telephone: (626) 768-1260
Telefax: (626) 768-1261
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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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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///
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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
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