Technoglass, S.A. v. Moos Distributing, Inc et al

Filing 52

STIPULATION AND ORDER re 51 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by C.E. Toland & Son. Further Case Management Conference set for 2/26/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on December 5, 2013. (wsn, COURT STAFF) (Filed on 12/5/2013)

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LEONIDOU & ROSIN
Professional Corporation
Janette G. Leonidou (No. 155257)
Roger F. Liu (No. 218345)
777 Cuesta Drive, Suite 200
Mountain View, CA 94040
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Counter-Defendant/
Counter-Claimant C.E. Toland & Son

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TECNOGLASS, S.A., a Colombian
Corporation.

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Plaintiff,
vs.
MOOS DISTRIBUTION, INC., dba SADEV
USA, a Iowa corporation, WEBCOR
CONSTRUCTION, LP dba Webcor Builders,
a California limited partnership, SAFECO
INSURANCE COMPANY OF AMERICA, a
New Hampshire corporation, CITY &
COUNTY OF SAN FRANCISCO, PUBLIC
UTILITY COMMISSION; THE
INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA, a Pennsylvania
corporation,

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Defendants.

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MOOS DISTRIBUTION, INC., dba SADEV
USA, a Iowa corporation,

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Counter-claimant,

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vs.
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C.E. TOLAND & SON, a California
corporation, WEBCOR CONSTRUCTION,

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Case No.: C-13-01031 JST
STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
C:\Users\noblew\AppData\Local\Temp\notes1A03DD\Stipulation to Continue CMC (12-3-13- RFL) (00155088).doc

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Counter-defendants.
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C.E. TOLAND & SON, a California
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corporation,
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Counter-claimant,
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vs.
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MOOS DISTRIBUTION, INC., dba SADEV )
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USA, a purported Iowa corporation; MOES 1 )
through 10.
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Counter-defendants.
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LP dba Webcor Builders, a California limited
partnership, TECNOGLASS, S.A. a
Colombian Corporation, SAFECO
INSURANCE COMPANY OF AMERICA, a
New Hampshire corporation, THE
INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA, a Pennsylvania
corporation.

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RECITALS

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Plaintiff

Tecnoglass,

S.A.

(“Tecnoglass”),

Defendant/Counter-Claimant

Moos

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Distributing, Inc. d/b/a Sadev USA (“Sadev”), Counter-Defendant and Counter-Claimant C.E.

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Toland & Son (“Toland”), Defendants and Counter-Defendants Webcor Construction, LP d/b/a

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Webcor Builders (“Webcor”), Safeco Insurance Company of America (“Safeco”), Insurance

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Company of the State of Pennsylvania (“ICSP”), and Defendant Fidelity and Deposit Company

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of Maryland (“Fidelity”), by and through their counsel of record, hereby stipulate as follows:

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Whereas, the parties completed mediation on November 21, 2013, whereby a conditional

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settlement of the entire case was reached that is still contingent upon the agreement on and

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execution of an amenable settlement agreement;

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Whereas, a further case management conference is set for December 18, 2013, for which

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the parties have submitted or will be submitting to the court a report regarding, among other

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issues, the conditional settlement and status thereof;
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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
C:\Users\noblew\AppData\Local\Temp\notes1A03DD\Stipulation to Continue CMC (12-3-13- RFL) (00155088).doc

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Whereas, in order to conserve court and attorney resources, the parties agree and

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stipulate that the case management conference set for December 18, 2013 should be continued so

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that the parties may prepare, circulate, review, approve and execute an amenable settlement

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agreement and/or otherwise file dismissals, which would dispense of the need for any case

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management conference with the Court.

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Accordingly, and based on the foregoing recitals, Tecnoglass, Sadev, Toland, Webcor,
Safeco, ICSP, and Fidelity hereby stipulate as follows:
STIPULATION

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1.

The parties hereby stipulate and agree to continue the case management

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conference set for December 18, 2013 for sixty (60) days to allow the parties the opportunity to

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prepare, circulate, review, approve and execute an amenable settlement agreement and/or

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otherwise file dismissals, which could dispense with the need of any case management

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conference with the Court.

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Dated: 12/4/2013

By: /s/ DOUGLAS N. AKAY
Attorneys for Counter-Defendant,
MOOS DISTRIBUTION, INC., dba SADEV
USA

Dated: 12/4/2013

By: /s/ KENNETH G. JONES
Attorneys for Defendants/Counter-Defendants
WEBCOR CONSTRUCTION LP, dba
WEBCOR BUILDERS, SAFECO INSURANCE
COMPANY OF AMERICA, THE INSURANCE
COMPANY OF THE STATE OF
PENNSYLVANIA and FIDELITY AND
DEPOSIT COMPANY OF MARYLAND

Dated: 12/4/2013

By: /s/ ROGER F. LIU
Attorney for Counter-Defendant/CounterClaimant C.E. TOLAND & SON

Dated: 12/4/2013

By: /s/ A. SCOTT BROWN
Attorney for Plaintiff TECNOGLASS, S.A.

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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
C:\Users\noblew\AppData\Local\Temp\notes1A03DD\Stipulation to Continue CMC (12-3-13- RFL) (00155088).doc

ORDER

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The Court, having reviewed and considered the above Stipulation of the parties, and for

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good cause appearing, hereby orders that the case management conference set for December 18,

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2013 is hereby vacated and continued sixty (60) days in light of the conditional settlement of the

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entire case reached by the parties. A further case management conference is to take place on

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February 26, 2014 to report on the status of the settlement.

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The parties are reminded that all existing deadlines remain in effect.

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IT IS SO ORDERED

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Dated: December 5, 2013

____________________________________
HON. JON S. TIGAR
United States District Court Judge

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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
C:\Users\noblew\AppData\Local\Temp\notes1A03DD\Stipulation to Continue CMC (12-3-13- RFL) (00155088).doc