United States of America, for the use and benefit of HCI Systems, Inc. v. Agbayani Construction Corporation, et al

Filing 39

ORDER GRANTING PARTIES' STIPULATION TO CONTINUE CMC AND RELATED DEADLINES re 38 STIPULATION WITH PROPOSED ORDER to Continue Initial CMC and Related Dates. Case Management Statement due by 12/11/2014. Case Management Conference set for 12/18/2014 10:00 AM. Signed by Judge Maria-Elena James on 9/19/2014. (cdnS, COURT STAFF) (Filed on 9/19/2014)

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1 2 3 4 5 6 7 8 9 10 11 12 Wahid E. Guirguis, Esq., SBN 210314 guirguis@huntortmann.com HUNT ORTMANN PALFFY NIEVES DARLING & MAH, INC. 301 North Lake Avenue, 7th Floor Pasadena, California 91101-1807 Phone: (626) 440-5200 Fax: (626) 796-0107 Attorneys for Plaintiff HCI Systems, Inc. Pamela J. Scholefield, Esq., SBN 196368 pam@construction-laws.com SCHOLEFIELD, P.C. – CONSTRUCTION LAW 10815 Rancho Bernardo Road, Suite 105 San Diego, California 92127 Phone: (858) 613-0888 Fax: (858) 613-0045 Attorneys for Defendants Agbayani Construction Corporation and First National Insurance Company of America 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 26 ) ) ) ) ) Plaintiff, ) v. ) ) AGBAYANI CONSTRUCTION ) CORPORATION, a California ) Corporation; FIRST NATIONAL ) INSURANCE COMPANY OF AMERICA, a Massachusetts corporation; ) ) SABAH INTERNATIONAL, INC., a California corporation; DOES 1 through ) ) 15, inclusive, ) ) Defendants. UNITED STATES OF AMERICA, for the use and benefit of HCI SYSTEMS, INC., a California corporation, CASE NO: 3:14-cv-2503 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES and ORDER THEREON Judge: Hon. Maria-Elena James Scheduled CMC Date: October 9, 2014 Scheduled CMC Time: 10:00 a.m. 27 28 659504.1 WEG 3670.004 1 STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES and ORDER THEREON CASE NO: 3:14-cv-2503 1 Plaintiff HCI Systems, Inc. ("HCI"), and Defendants Agbayani Construction 2 Corporation ("ACC"), and First National Insurance Company of America (“First National”), 3 by and through their respective counsel, hereby stipulate and agree as follows: 4 WHEREAS, on September 17, 2014, counsel for the parties to this Action met and 5 conferred as required by this Court’s ORDER SETTING INITIAL CASE MANAGEMENT 6 CONFERENCE AND ADR DEADLINES, and the contents of this Stipulation were the 7 subjects upon which counsel met and conferred; 8 9 10 11 12 WHEREAS, the parties recognize that various claims between the parties in this Action relate to the a construction contract between HCI and ACC, and/or the activities of the parties before, during and after the dispute between HCI and ACC arose under the construction contract; WHEREAS, HCI and ACC have agreed to mediate their construction contract 13 14 15 16 17 dispute; WHEREAS, the construction contract between HCI and ACC contains an arbitration provision; WHEREAS, HCI and ACC have agreed to enter into a stipulation to first mediate 18 and, if mediation is not successful, then arbitrate, the construction contract dispute (“ADR 19 Stipulation”): 20 WHEREAS, the construction dispute between HCI and ACC has components that are 21 technical in nature, and, thus, HCI and ACC desire the terms of the ADR Stipulation to 22 include discovery and case management provisions, along with a time table for both, in 23 order to assist HCI and ACC in exchanging necessary documents and information to have a 24 fruitful mediation, and, therefore, HCI and ACC need some time to work out the details of 25 such ADR Stipulation; 26 27 WHEREAS, Sabah has a pending dispositive motion to be heard on October 9, 2014, and, thus, it is not known whether or not Sabah will need to participate in the ADR 28 659504.1 WEG 3670.004 2 STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES and ORDER THEREON CASE NO: 3:14-cv-2503 1 Stipulation; 2 WHEREAS, the parties desire to avoid (1) expending the resources to prepare a 3 formal Rule 26(f) report and joint CMC statement and (2) this Court expending further 4 resources, given the construction contract dispute will be resolved through the private ADR 5 process, and, thus, the parties request that this Court continue the Initial CMC date for 30 6 7 8 9 days so that the results of Sabah’s dispositive motion will be known and so that HCI and ACC can draft their ADR Stipulation prior to the requested continued date of the Initial CMC; WHEREAS, counsel for HCI and ACC are in communications with counsel for 10 11 12 13 14 15 16 17 Sabah, so that once the result of the pending motion is known, Sabah could be included in the development of the ADR Stipulation and proceeding with this Action forward; WHEREAS, counsel for Sabah indicated during the meet and confer that he is in agreement with continuing the Initial CMC; NOW, THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE THAT: 1. HCI and ACC prepare and execute an ADR Stipulation whereby HCI and 18 ACC agree to the scope and timing of the exchange of information for 19 purposes of preparing to mediate, and, in the event that mediation fails, 20 arbitrate, the construction contract dispute; 21 2. 22 23 mediation, and, in the event mediation fails, arbitration; 3. 24 25 Said ADR Stipulation will seek a stay of the Action between ACC, its surety First National, and HCI; 4. 26 27 Such ADR Stipulation set forth a proposed timeline for conducting the After the outcome of the Sabah motion is known, Counsel will further discuss whether the stay will apply as to Sabah, 5. Such ADR Stipulation be completed and filed with this Court no later than 14 28 659504.1 WEG 3670.004 3 STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES and ORDER THEREON CASE NO: 3:14-cv-2503 1 2 3 days prior to the continued Initial CMC; and 6. The Initial CMC be continued at least 30 days, with all related dates being adjusted accordingly. 4 5 IT IS SO STIPULATED. 6 7 DATED: September 19, 2014 8 SCHOLEFIELD, P.C. By: /s/ Pamela J. Scholefield PAMELA J. SCHOLEFIELD Attorneys for Defendants Agbayani Construction Corporation and First National Insurance Company of America 9 10 11 12 13 14 DATED: September 19, 2014 HUNT ORTMANN PALFFY NIEVES DARLING & MAH, INC. 15 By: /s/ Wahid E. Guirguis WAHID E. GUIRGUIS Attorneys for Plaintiff HCI Systems, Inc. 16 17 18 19 ORDER 20 21 Based on the above Stipulation, the Court finds that good cause exists to grant the 22 relief requested, and 23 IT IS HEREBY ORDERED: 24 1. That HCI and ACC prepare and execute an ADR Stipulation whereby HCI and 25 ACC agree to the scope and timing of the exchange of information for purposes 26 of preparing to mediate, and, in the event that mediation fails, arbitrate, the 27 construction contract dispute; 28 659504.1 WEG 3670.004 4 STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES and ORDER THEREON CASE NO: 3:14-cv-2503 5 6 7 8 9 10 National, and HCI; 4. That, after the outcome of the Sabah motion is known, Counsel will further discuss whether the stay will apply as to Sabah, 5. That such ADR Stipulation be completed and filed with this Court no later than 14 days prior to the continued Initial CMC; and 10:00am 12/18/14 6. That the Initial CMC be continued to __________ at __________, with all related dates being adjusted accordingly. 11 13 14 Dated: 9/19/2014 15 _______________________ Hon. Maria-Elena James RT 17 aria Judge M ER H 18 19 ames -Elena J NO 16 S DISTRICT TE C TA RT U O S IT IS SO ORDERED. UNIT ED 12 R NIA 4 3. That said ADR Stipulation seek a stay of the Action between ACC, its surety First FO 3 mediation, and, in the event mediation fails, arbitration; LI 2 2. That such ADR Stipulation set forth a proposed timeline for conducting the A 1 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 659504.1 WEG 3670.004 5 STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES and ORDER THEREON CASE NO: 3:14-cv-2503

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