Spectrum Services Group, Inc. -v- Zurich American Insurance Company

Filing 21

ORDER granting 20 MOTION to Continue CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/12/2014. Case Management Conference set for 8/19/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 07/15/2014. (jmdS, COURT STAFF) (Filed on 7/15/2014)

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ROGERS JOSEPH O’DONNELL
Patricia A. Meagher (SBN 113219)
[e-mail]
Tyson Arbuthnot (SBN 215225)
[e-mail]
311 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.956.6457
Attorneys for Plaintiff
SPECTRUM SERVICES GROUP, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SPECTRUM SERVICES GROUP, INC.,

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Plaintiff,

Civil Action No. 14-cv-00115-WHO
PLAINTIFF’S MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE

vs.
ZURICH AMERICAN INSURANCE
COMPANY,
Defendant.

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Hearing Date:
Time:
Courtroom:
Before:

July 17, 2014
10:30 a.m.
2, 17th Floor
Hon. William H. Orrick

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Plaintiff Spectrum Services Group, Inc. (“SSG”) hereby moves this Court for an Order

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extending the Case Management Conference to August 19, 2014. The reasons for the motion

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are as follows:

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This action is related to AMEC v. SSG, Case No. 13-CV-04059-WHO which involves,

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among other things, breach of contract claims and counterclaims between prime contractor

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AMEC and subcontractor SSG. This action was filed by SSG against Zurich American

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Insurance Company (“Zurich”), the Miller Act bond surety for AMEC. Zurich has been

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served with the complaint but has not responded or otherwise made an appearance in this

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action. A stay is currently in effect for both this Case No. 13-CV-00115-WHO and the

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related Case No. 13-CV-04059-WHO.

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On July 7, 2014, a mediation was held with Randall Wulff, Esq. serving as mediator.
The parties to the mediation were: SSG, AMEC, Berkley (SSG’s surety) and SST-Pullman (a
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subcontractor to SSG). The parties reached a settlement of all claims among them, subject to

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confirmation by executives not present at the mediation. It is anticipated that, as a result of

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the mediation, AMEC, SSG and SST-Pullman will enter into a Joint Prosecution Agreement

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to submit their claims against the National Park Service under the Contract Disputes Act.

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Zurich was not represented by separate counsel at the mediation. Counsel for AMEC,

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however, has pending a request to Zurich regarding whether it would like Counsel for AMEC

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to also represent Zurich in this action.

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For the reasons stated above, plaintiff SSG moves the Court for an Order to extend the

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date for the Case Management Conference to August 19, 2014. At that time, plaintiff SSG

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should be able to inform the Court whether the settlement has been confirmed and Counsel

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for AMEC should be able to inform the Court whether it will represent Zurich in this action.

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Dated: July 14, 2014

ROGERS JOSEPH O’DONNELL

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By:

/s/ Patricia A. Meagher
PATRICIA A. MEAGHER
Attorneys for Plaintiff
SPECTRUM SERVICES GROUP, INC.

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IT IS SO ORDERED.

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Dated: July 15, 2014
WILLIAM H.ORRICK
UNITED STATES DISTRICT JUDGE

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