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

Filing 81

ORDER FURTHER EXTENDING TIME TO FILE CLAIM re 80 Stipulation. AMEC shall approve for sponsorship and presentation all of SSGs good faith claims to the contracting officer no later than March 26, 2015. Signed by Judge William H. Orrick on 03/18/2015. (jmdS, COURT STAFF) (Filed on 3/18/2015)

1
2
3
4
5
6

ROGERS JOSEPH O’DONNELL
Patricia A. Meagher (State Bar No. 113219)
[e-mail]
Tyson Arbuthnot (State Bar No. 215225)
[e-mail]
311 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.956.6457
Attorneys for Defendant and Counterclaimant
SPECTRUM SERVICES GROUP, INC.

7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11

AMEC ENVIRONMENTAL AND
INFRASTRUCTURE, INC.,

12
13
14

Plaintiff,

Civil Action No. 3:13 CV-04059-WHO
STIPULATION AND ORDER FURTHER
EXTENDING TIME TO FILE CLAIM

vs.
SPECTRUM SERVICES GROUP, INC.,

15

Defendant.

16
17

SPECTRUM SERVICES GROUP, INC.
Counterclaimant,

18
19
20
21

vs.
AMEC ENVIRONMENTAL AND
INFRASTRUCTURE, INC.
Counterdefendant.

22
23
24

Defendant and Counterclaimant Spectrum Services Groups (SSG), Plaintiff

25

and Counterdefendant AMEC Environmental and Infrastructure, Inc. (“AMEC”) and

26

Defendant Berkley Regional Insurance Company (“Berkley”) hereby stipulate to, and move

27

this Court for issuance of, an order extending the date by which AMEC is to approve SSG’s

28

request for equitable adjustment or certified claim (“claim”) to AMEC.
Page 1
Stipulation and Order Further Extending Time to File Claim
Civil Action No. 3:13 CV-04059-WHO
357886.2

1
2
3
4
5
6
7
8

The basis for the request is as follows: SSG, AMEC, Berkley and SSTPullman (a subcontractor to SSG) submitted claims by and among the parties to mediation on
July 7, 2014 before mediator Randy Wulff. The settlement agreement has been executed by
SSG, Berkley and SST-Pullman and is pending before AMEC. SSG has executed a Joint
Prosecution Agreement with AMEC for submission of claims against the National Park
Service; AMEC’s execution of the Joint Prosecution Agreement is pending. SSG has
submitted its claim to AMEC. AMEC expects to complete its review and approve it for
presentation to the NPS by March 26, 2015.

9
10
11

As a result, the parties request an extension of the date set forth in the Court's
order dated January 12, 2015, attached hereto as Exhibit A. AMEC’s approval of SSG’s
claim would be due no later than March 26, 2015.

12
13

All other terms of the Order Staying Case dated February 4, 2014 remain
unchanged.

14
15

Dated: March 16, 2015

KILPATRICK TOWNSEND & STOCKTON LLP

16
17

By:

/s/ Chad Theriot
CHAD THERIOT
Attorney for Plaintiff and Crossdefendant
AMEC ENVIRONMENT & INFRASTRUCTURE, INC.

18
19
20
21

Dated: March 16, 2015

ROGERS JOSEPH O’DONNELL

22
23
By:

/s/ Patricia A. Meagher
Patricia A. Meagher
Attorney for Defendant and Counterclaimant
SPECTRUM SERVICES GROUP, INC.

24
25
26
27

//
//

28
Page 2
Stipulation and Order Further Extending Time to File Claim
Civil Action No. 3:13 CV-04059-WHO
357886.2

1

//
Dated: March 16, 2015

SEDGWICK, DETERT, MORAN & ARNOLD LLP

2
3
By:

/s/ Marilyn Klinger
MARILYN KLINGER
Attorney for Defendant
BERKLEY REGIONAL INSURANCE COMPANY

4
5
6
7
8
9

I attest that concurrence in the filing of this document has been obtained from
Chad Theriot for Plaintiff AMEC Environment & Infrastructure, Inc. and Marilyn Klinger for
Defendant Berkley Regional Insurance Company.

10
11
By: /s/ Patricia A. Meagher
Patricia A. Meagher
Attorney for Defendant and Counterclaimant
SPECTRUM SERVICES GROUP, INC.

12
13
14
15
16

ORDER

17
18

AMEC shall approve for sponsorship and presentation all of SSG’s good faith claims

19

to the contracting officer no later than March 26, 2015. All other terms of the Order Staying

20

Case dated February 4, 2014 remain unchanged.

21
22

SO ORDERED.

23
24
25

Dated: March 18, 2015

By: _________________________________
The Honorable William H. Orrick
UNITED STATES DISTRICT JUDGE

26
27
28
Page 3
Stipulation and Order Further Extending Time to File Claim
Civil Action No. 3:13 CV-04059-WHO
357886.2