AMEC Environment & Infrastructure, Inc. v. Spectrum Services Group, Inc.

Filing 17

STIPULATION BETWEEN AMEC ENVIRONMENT & INFRASTRUCTURE, INC. AND SPECTRUM SERVICE GROUP TO RESOLVE MOTION TO STAY ARBITRATION; ORDER THEREON re 16 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 09/19/2013. (jmdS, COURT STAFF) (Filed on 9/19/2013)

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KILPATRICK TOWNSEND & STOCKTON LLP
DOUGLAS M. MCMANAMON (State Bar No. 233015)
[e-mail]
Eighth Floor, Two Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415 576 0300
KILPATRICK TOWNSEND & STOCKTON LLP
CHAD V. THERIOT (Pro Hac Vice Application Pending)
[e-mail]
ELIZABETH H. CRABTREE (Pro Hac Vice Application Pending)
[e-mail]
1100 Peachtree Street, N.E.
Suite 2800
Atlanta, Georgia 30309
Telephone: [phone]
Facsimile: 404 815 6555

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Attorneys for Plaintiff
AMEC ENVIRONMENT & INFRASTRUCTURE, INC.

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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AMEC ENVIRONMENT &
INFRASTRUCTURE, INC.,

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Plaintiff,
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v.
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SPECTRUM SERVICES GROUP, INC.,

CASE NO. 13-cv-04059-WHO
STIPULATION BETWEEN AMEC
ENVIRONMENT & INFRASTRUCTURE,
INC. AND SPECTRUM SERVICE
GROUP TO RESOLVE MOTION TO
STAY ARBITRATION; ORDER
THEREON

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Defendant.
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WHEREAS, on September 3, 2013, Plaintiff AMEC Environment & Infrastructure, Inc.
(“AMEC”) filed its Notice of Motion and Motion to Stay Arbitration;
WHEREAS, AMEC and defendant Spectrum Services Group, Inc. (“SSG”), have met and
conferred through their respective counsel regarding the motion;

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AMEC and SSG now stipulate that:

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(1)

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AMEC and SSG request an Order from the court staying arbitration pending this

Court’s ruling on Count 3 of AMEC’s claim for relief in the complaint (Declaratory judgment that
STIPULATION BETWEEN AMEC ENVIRONMENT & INFRASTRUCTURE, INC. AND
SPECTRUM SERVICE GROUP TO RESOLVE MOTION TO STAY ARBITRATION; ORDER
THEREON

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the parties’ contract does not provide for arbitration without the express written consent of

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AMEC) and Count 5 of AMEC’s claim for relief in the complaint for injunctive relief.

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(2)

Upon approval of this stipulation by the Court, and entry of and order as provided

below, AMEC shall request the court take the Motion to Stay Arbitration off calendar.

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DATED: September 19, 2013

KILPATRICK TOWNSEND & STOCKTON LLP

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By:

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DOUGLAS M. MCMANAMON

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Attorneys for Plaintiff
AMEC ENVIRONMENT & INFRASTRUCTURE,
INC.

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DATED: September 19, 2013

ROGERS, JOSEPH, O’DONNELL

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By:
PATRICIA A. MEAGHER

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS ORDERED THAT

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arbitration between the parties is STAYED pending this Court’s ruling on Count 3 of AMEC’s

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claim for relief in the complaint (Declaratory judgment that the parties’ contract does not provide

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for arbitration without the express written consent of AMEC) and Count 5 of AMEC’s claim for

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relief in the complaint for injunctive relief.

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IT IS SO ORDERED.

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Dated: September 19, 2013

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HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATION BETWEEN AMEC ENVIRONMENT & INFRASTRUCTURE, INC. AND
SPECTRUM SERVICE GROUP TO RESOLVE MOTION TO STAY ARBITRATION; ORDER
THEREON

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