Rosendin Electric, Inc. v. Hathaway Dinwiddie Construction Company et al

Filing 23

ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 STIPULATION AND [PROPOSED] ORDER FOR CONSOLIDATION OF CASES FOR ALL PURPOSES in case 3:15-cv-01376-HSG. (terminating (13) Stipulation in case 3:15-cv-01376-HSG and (11) Stipulation in case 3:15-cv-01427-CRB). (ndrS, COURT STAFF) (Filed on 6/10/2015)

1 PETER V. DESSAU, ESQ., SBN 135361
[e-mail]
2 ROGER F. LIU, ESQ., SBN 218345
[e-mail]
3 STEPHANIE M. ROCHA, ESQ., SBN 266030
[e-mail]
4 MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
5 San Jose, California 95113
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendants
Hathaway Dinwiddie Construction Company; Travelers
8 Casualty and Surety Company of America; and Federal
Insurance Company
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
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THE UNITED STATES OF AMERICA for the
use and benefit of ROSENDIN ELECTRIC,
INC.,

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Plaintiff,

Case No.: 4:15-cv-01376-KAW
STIPULATION AND [PROPOSED]
ORDER FOR CONSOLIDATION OF
CASES FOR ALL PURPOSES

15
vs.
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HATHAWAY DINWIDDIE
CONSTRUCTION COMPANY; TRAVELERS
CASUALTY AND SURETY COMPANY OF
AMERICA; FEDERAL INSURANCE
COMPANY, and DOES 1-50, inclusive,

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18

Hon. Kandis A. Westmore
Trial:

None Set

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Defendants.
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THE UNITED STATES OF AMERICA for the
use and benefit of A.S.F. ELECTRIC, INC.,

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vs.

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27
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Case No. 4:15-cv-01427-KAW

Plaintiff,

50 West

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

21

ROSENDIN ELECTRIC, INC.; HATHAWAY
DINWIDDIE CONSTRUCTION COMPANY;
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA; FEDERAL
INSURANCE COMPANY, and DOES 1-20,
inclusive,

Hon. Kandis A. Westmore
Trial:

None Set

Defendants.
1
STIPULATION AND [PROPOSED] ORDER FOR CONSOLIDATION OF CASES FOR ALL PURPOSES
4:15-cv-01376-KAW / 4:15-CV-01427-KAW

1

This stipulation is entered into by and amongst Hathaway Dinwiddie Construction Company,

2 Travelers Casualty and Surety Company of America, and Federal Insurance Company, Rosendin
3 Electric, Inc., as a defendant and real party in interest, and A.S.F. Electric, Inc., as real party in
4 interest, by and through their respective counsel of record:
5

WHEREAS, Rosendin Electric, Inc. filed its Complaint for (1) Breach of Contract; and (2)

6 Recovery Against Payment Bond Under the Miller Act 40 USCA §§ 3131, et seq., on March 25,
7 2015 (the “REI Action”);
8

WHEREAS, A.S.F. Electric, Inc. filed its Complaint for (1) Breach of Contract; and (2)

9 Recovery Against Payment Bond Under the Miller Act 40 USCA §§ 3131, et seq., on March 27,
10 2015 (the “ASF Action”);
11

WHEREAS, counsel for the parties have conferred, and the parties are in agreement that the

12 REI Action should be consolidated with the ASF Action for all purposes because the cases arise
13 from the same construction project, involve similar allegations and common questions of law or fact,
14 and because consolidation would advance the interests of judicial economy.
15

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through

16 their respective counsel, as follows:
17

1. That the following actions are related cases within the meaning of Local Civil Rule 3-

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12(a):
a. The United States of America for the use and benefit of Rosendin Electric, Inc. v.

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Hathaway Dinwiddie Construction Company, et al., Case No. 4:15-cv-01376-

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KAW; and

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b.

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2. That pursuant to Federal Rule of Civil Procedure 42(a), the above captioned cases are

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hereby consolidated for all purposes into one action.
3. These actions shall be referred to as the “Consolidated Actions,” and The United States of

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27
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The United States of America for the use and benefit of A.S.F Electric, Inc. v.
Rosendin Electric, Inc., et al., Case No. 4:15-cv-01427-KAW.

50 West

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

19

America for the use and benefit of Rosendin Electric, Inc. v. Hathaway Dinwiddie
Construction Company, et al., Case No. 4:15-cv-01376-KAW shall be the lead case. The
2
STIPULATION AND [PROPOSED] ORDER FOR CONSOLIDATION OF CASES FOR ALL PURPOSES
4:15-cv-01376-KAW / 4:15-CV-01427-KAW

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Master Docket and Master File for the Consolidated Actions shall be Civil Action No.

2

4:15-cv-01376-KAW.

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4 Dated: June 2, 2015

MILLER, MORTON, CAILLAT & NEVIS, LLP

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6

By: /s/ Roger F. Liu
PETER V. DESSAU
ROGER F. LIU
STEPHANIE M. ROCHA
Attorneys for Hathaway Dinwiddie Construction
Company; Travelers Casualty and Surety Company
of America; and Federal Insurance Company

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Dated: June 2, 2015

RUTAN & TUCKER, LLP

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By: /s/ William T. Eliopoulos
WILLIAM T. ELIOPOULOS
KAVEH BADIEI
Attorneys for Rosendin Electric, Inc.

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18 Dated: June 2, 2015

MCLENNON LAW CORPORATION

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By: /s/ Craig Wallace
DANIEL F. MCLENNON
CRAIG WALLACE
Attorneys for A.S.F. Electric, Inc.

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50 West

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

21

3
STIPULATION AND [PROPOSED] ORDER FOR CONSOLIDATION OF CASES FOR ALL PURPOSES
4:15-cv-01376-KAW / 4:15-CV-01427-KAW

1

I attest that the original facsimile signatures of the persons whose electronic signatures

2 are shown above are maintained by me, and that their concurrence in the filing of this document
3 and attribution of their signatures was obtained.
4 Dated: June 2, 2015

MILLER, MORTON, CAILLAT & NEVIS, LLP

5
6

By: /s/ Roger F. Liu
PETER V. DESSAU
ROGER F. LIU
STEPHANIE M. ROCHA
Attorneys for Hathaway Dinwiddie Construction
Company; Travelers Casualty and Surety Company
of America; and Federal Insurance Company

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[PROPOSED] ORDER

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The above stipulation having been considered and good cause appearing therefore, IT IS SO

15 ORDERED.
16
17 DATED:

6/10/2015

By:
Hon. Haywood S. Gilliam, Jr.
U.S. District Judge

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50 West

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

21

4
STIPULATION AND [PROPOSED] ORDER FOR CONSOLIDATION OF CASES FOR ALL PURPOSES
4:15-cv-01376-KAW / 4:15-CV-01427-KAW