United States of America, for the use and benefit of HCI Systems, Inc. v. Agbayani Construction Corporation, et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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)
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Plaintiff,
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v.
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AGBAYANI CONSTRUCTION
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CORPORATION, a California
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Corporation; FIRST NATIONAL
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INSURANCE COMPANY OF
AMERICA, a Massachusetts corporation; )
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SABAH INTERNATIONAL, INC., a
California corporation; DOES 1 through )
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15, inclusive,
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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.
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659504.1 WEG 3670.004
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STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES
and ORDER THEREON
CASE NO: 3:14-cv-2503
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Plaintiff HCI Systems, Inc. ("HCI"), and Defendants Agbayani Construction
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Corporation ("ACC"), and First National Insurance Company of America (“First National”),
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by and through their respective counsel, hereby stipulate and agree as follows:
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WHEREAS, on September 17, 2014, counsel for the parties to this Action met and
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conferred as required by this Court’s ORDER SETTING INITIAL CASE MANAGEMENT
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CONFERENCE AND ADR DEADLINES, and the contents of this Stipulation were the
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subjects upon which counsel met and conferred;
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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
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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
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and, if mediation is not successful, then arbitrate, the construction contract dispute (“ADR
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Stipulation”):
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WHEREAS, the construction dispute between HCI and ACC has components that are
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technical in nature, and, thus, HCI and ACC desire the terms of the ADR Stipulation to
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include discovery and case management provisions, along with a time table for both, in
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order to assist HCI and ACC in exchanging necessary documents and information to have a
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fruitful mediation, and, therefore, HCI and ACC need some time to work out the details of
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such ADR Stipulation;
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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
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659504.1 WEG 3670.004
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STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES
and ORDER THEREON
CASE NO: 3:14-cv-2503
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Stipulation;
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WHEREAS, the parties desire to avoid (1) expending the resources to prepare a
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formal Rule 26(f) report and joint CMC statement and (2) this Court expending further
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resources, given the construction contract dispute will be resolved through the private ADR
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process, and, thus, the parties request that this Court continue the Initial CMC date for 30
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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
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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:
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HCI and ACC prepare and execute an ADR Stipulation whereby HCI and
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ACC agree to the scope and timing of the exchange of information for
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purposes of preparing to mediate, and, in the event that mediation fails,
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arbitrate, the construction contract dispute;
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2.
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mediation, and, in the event mediation fails, arbitration;
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Said ADR Stipulation will seek a stay of the Action between ACC, its surety
First National, and HCI;
4.
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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,
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Such ADR Stipulation be completed and filed with this Court no later than 14
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659504.1 WEG 3670.004
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STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES
and ORDER THEREON
CASE NO: 3:14-cv-2503
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days prior to the continued Initial CMC; and
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The Initial CMC be continued at least 30 days, with all related dates being
adjusted accordingly.
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IT IS SO STIPULATED.
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DATED: September 19, 2014
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SCHOLEFIELD, P.C.
By:
/s/ Pamela J. Scholefield
PAMELA J. SCHOLEFIELD
Attorneys for Defendants Agbayani Construction
Corporation and First National Insurance Company
of America
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DATED: September 19, 2014
HUNT ORTMANN PALFFY
NIEVES DARLING & MAH, INC.
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By:
/s/ Wahid E. Guirguis
WAHID E. GUIRGUIS
Attorneys for Plaintiff HCI Systems, Inc.
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ORDER
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Based on the above Stipulation, the Court finds that good cause exists to grant the
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relief requested, and
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IT IS HEREBY ORDERED:
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1. That HCI and ACC prepare and execute an ADR Stipulation whereby HCI and
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ACC agree to the scope and timing of the exchange of information for purposes
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of preparing to mediate, and, in the event that mediation fails, arbitrate, the
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construction contract dispute;
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659504.1 WEG 3670.004
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STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES
and ORDER THEREON
CASE NO: 3:14-cv-2503
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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.
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Dated: 9/19/2014
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_______________________
Hon. Maria-Elena James
RT
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aria
Judge M
ER
H
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ames
-Elena J
NO
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S DISTRICT
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C
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RT
U
O
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IT IS SO ORDERED.
UNIT
ED
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R NIA
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3. That said ADR Stipulation seek a stay of the Action between ACC, its surety First
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mediation, and, in the event mediation fails, arbitration;
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2. That such ADR Stipulation set forth a proposed timeline for conducting the
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659504.1 WEG 3670.004
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STIPULATION TO CONTINUE INITIAL CMC AND RELATED DATES
and ORDER THEREON
CASE NO: 3:14-cv-2503
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