East Bay Municipal Utility District et al v. Balfour Beatty Infrastructure, Inc.

Filing 40

STIPULATION AND ORDER TO CONTINUE MOTIONS AND CASE MANAGEMENT CONFERENCE re 39 STIPULATION WITH PROPOSED ORDER. Case Management Conference and Hearings as to 38 MOTION for Judgment on the Pleadings and 37 MOTION to Dismiss Case Management Conference rescheduled to 12/11/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 10/28/2014. (jmdS, COURT STAFF) (Filed on 10/28/2013)

P. RANDOLPH FINCH JR., SBN 185004

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E-MAIL:

EMAIL:

[e-mail]

MARKS, FINCH, THORNTON & BAIRD, LLP

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ATTORNEYS AT LAW
4747 EXECUTIVE DRIVE – SUITE 700

SAN DIEGO, CALIFORNIA 92121-3107

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TELEPHONE: [phone]
FACSIMILE: [phone]

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[e-mail]

DUSTIN R. JONES, SBN 251335

Attorneys for Defendant Balfour Beatty Infrastructure, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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EAST BAY MUNICIPAL UTILITY
DISTRICT; SACRAMENTO COUNTY
WATER AGENCY; FREEPORT WATER
AUTHORITY; CITY OF SACRAMENTO;
CITY OF ROSEVILLE; and CITY OF RIO
VISTA,

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ex rel. BILL HALEY; HARRY
ROTZ; and LEW LONG,

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Plaintiffs,

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STIPULATION AND ORDER TO CONTINUE
MOTIONS AND CASE MANAGEMENT
CONFERENCE
Assigned to:
Hon. William H. Orrick, Courtroom 2
Complaint Filed: October 26, 2012
Trial Date:
Not Set

v.

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CASE NO: 13-CV-02032 WHO

BALFOUR BEATTY
INFRASTRUCTURE, INC. and DOES 1
through 100,

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Defendants.

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STIPULATION AND ORDER

13-CV-02032 WHO

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This stipulation is entered into between Balfour Beatty Infrastructure, Inc. (“Balfour

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Beatty”) and qui tam plaintiffs Bill Haley, Harry Rotz and Lew Long (collectively the

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“Relators”). Balfour Beatty and the Relators stipulate through counsel as follows:

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1.

A case management conference is currently scheduled for 2:00 p.m. on

November 12, 2013.
2.

The below motions by Balfour Beatty are currently scheduled to be heard at

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2:00 p.m. on December 4, 2013:

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(a)

Motion To Dismiss Pursuant To Rule 12(b)(1) Of The Federal Rules Of

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Civil Procedure Or, Alternatively, For Judgment On The Pleadings Pursuant To Rule 12(c) Of

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The Federal Rules Of Civil Procedure; and

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(b)

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Federal Rules Of Civil Procedure.

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3.

Motion For Judgment On The Pleadings Pursuant To Rule 12(c) Of The

The Relators’ oppositions to the above-referenced motions are currently due on

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November 1, 2013. Balfour Beatty’s replies in support of the above-referenced motions are

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currently due on November 8, 2013.

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4.

Balfour Beatty and the Relators request the above briefing deadlines, motion

hearings and case management conference be rescheduled as follows:

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Item

Proposed Rescheduled Time/Date

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The Relators’ Oppositions

Tuesday, November 12, 2013

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Balfour Beatty’s Replies

Friday, November 22, 2013

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Motion Hearings

2:00 p.m. on Wednesday,
December 11, 2013

Case Management Conference

2:00 p.m. on Wednesday,
December 11, 2013

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5.

The reason for the requested enlargement of time is to allow both parties to

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adequately brief the issues raised by both motions and in light of other commitments, including

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scheduled depositions in this case.

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/ / / / /

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

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STIPULATION AND ORDER

13-CV-02032 WHO

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6.

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motions.

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7.

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There have been no previous time modifications with respect to the present

The parties anticipate that the enlargement of time will have no appreciable

effect on the schedule for the case.
8.

Balfour Beatty and the Relators understand the Court normally holds case

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management conferences on Tuesdays. However, Balfour Beatty and the Relators request the

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Court hold the case management conference at the same time as the motion hearings (i.e., 2:00

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p.m. on Wednesday, December 11, 2013) in order to preserve judicial resources. If this date is

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not available for the Court, the parties request the Court set the case management conference

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for a date after December 11, 2013.

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SO STIPULATED.

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DATED: October 25, 2013

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

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By:

/s/ P. Randolph Finch Jr.___________
P. RANDOLPH FINCH JR.
DUSTIN R. JONES
Defendant Balfour Beatty Infrastructure, Inc.
E-mail: [e-mail]
[e-mail]

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DATED: October 25, 2013

DAVIS, COWELL & BOWE, LLP

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By:

/s/ Eric B. Myers
JOHN J. DAVIS, JR.
ERIC B. MYERS
Attorneys for Qui Tam Plaintiffs and Relators Bill Haley,
Harry Rotz and Lew Long
E-mail: [e-mail]
[e-mail]

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

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STIPULATION AND ORDER

13-CV-02032 WHO

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ORDER

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After considering the above stipulation and for good cause shown, the Court orders as
follows:

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1.

The hearing on Balfour Beatty’s Motion To Dismiss Pursuant To Rule 12(b)(1)

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Of The Federal Rules Of Civil Procedure Or, Alternatively, For Judgment On The Pleadings

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Pursuant To Rule 12(c) Of The Federal Rules Of Civil Procedure is rescheduled to 2:00 p.m.

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on December 11, 2013.

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2.

The hearing on Balfour Beatty’s Motion For Judgment On The Pleadings

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Pursuant To Rule 12(c) Of The Federal Rules Of Civil Procedure is rescheduled to 2:00 p.m.

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on December 11, 2013.
3.

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later than November 12, 2013.

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The Relators’ oppositions to the above-referenced motions must be filed no

4.

Balfour Beatty’s replies in support of the above-referenced motions must be

filed no later than November 22, 2013.

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5.

The case management conference is rescheduled to 2 p.m. on December 11,

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2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:October 28, 2013

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__________________________________
HON. WILLIAM H. ORRICK

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1439.011/35S4252.nlh

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

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STIPULATION AND ORDER

13-CV-02032 WHO