Sabawoon Salim Construction Co. v. ECC International LLC et al

Filing 25

STIPULATION AND ORDER re 24 for Entry of Order Confirming Arbitration Award and for Entry of Judgment Based Thereon filed by Sabawoon Salim Construction Co., JUDGMENT. Signed by Judge Edward M. Chen on 010/22/15. (bpf, COURT STAFF) (Filed on 10/22/2015)

Case 3:15-cv-04362-EMC Document 24 Filed 10/19/15 Page 1 of 4

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Tod L. Gamlen, State Bar No. 83458
[e-mail]
Christina Wong, State Bar No. 288171
[e-mail]
BAKER & McKENZIE LLP
660 Hansen Way
Palo Alto, CA 94304-1044
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
SABAWOON SALIM CONSTRUCTION CO.

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Ariana N. Sarabia, State Bar No. 176741
[e-mail]
DENTONS US LLP
One Market Plaza
Spear Tower, 24th Floor
San Francisco, CA 94105-1101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Respondents
ECC INT'L LLC and ECC-CENTCOM
CONSTRUCTORS, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SABAWOON SALIM CONSTRUCTION CO.,
Petitioner,

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v.
ECCI INTERNATIONAL, LLC, and ECCCENTCOM CONSTRUCTORS, LLC
Respondents.

Case No. 3:15-cv-04362-EMC
STIPULATION FOR ENTRY OF
ORDER CONFIRMING
ARBITRATION AWARD AND FOR
ENTRY OF JUDGMENT BASED
THEREON
Crtrm: 5, 17th Floor
Judge: Hon. Edward M. Chen

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. 3:15-cv-04362-EMC
STIPULATION FOR ENTRY OF ORDER CONFIRMING ARBITRATION AWARD & FOR ENTRY OF JUDGMENT BASED THEREON
548699-v3\PALDMS

Case 3:15-cv-04362-EMC Document 24 Filed 10/19/15 Page 2 of 4

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Petitioner Sabawoon Salim Construction Co. (“SSCC”), Respondent ECCI International,

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LLC (“ECCI”) and Respondent ECC-CENTCOM Constructors, LLC (“ECC-C”) stipulate as set

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forth below in light of the following facts.
(a)

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On or about September 23, 2015, SSCC initiated this action by filing its Petition to

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Confirm Arbitration Award and for Entry of Judgment Based Thereon (Dkt. No. 1) ("the Petition")

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against ECCI and ECC-C 3PEA in the above captioned Court.
(b)

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In the Petition SSCC is applying to the Court for an order confirming an arbitration

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award that was issued on July 29, 2015, a copy of which is attached to the Petition as EXHIBIT 8;

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and, for entry of judgment in accordance with that award.
(c)

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On September 29, 2015, SSCC filed a motion in this action for an order pursuant to 9

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U.S.C. §207 and 9 U.S.C. §9 to confirm such arbitration award and for an order for entry of

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judgment in favor of SSCC and against ECCI and ECC-C in accordance with that award, and,

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awarding SSCC its costs, attorney fees, and expenses incurred in connection with the proceeding,

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and for pre-judgment and post-judgment interest (Dkt. Nos. 9-12).

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(d)

ECCI and ECC-C do not oppose SSCC's motion.

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(e)

In connection with such motion and the Petition, SSCC, ECCI and ECC-C each agree

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and consent to the Court granting the above referenced motion and the relief sought in the Petition

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and entering the "[Proposed] Order Confirming Arbitration Award; and, Judgment" in the form

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attached hereto as EXHIBIT A as the order and judgment of the Court on the Petition and SSCC's

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motion.

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

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Case No. 3:15-cv-04362-EMC
STIPULATION FOR ENTRY OF ORDER CONFIRMING ARBITRATION AWARD & FOR ENTRY OF JUDGMENT BASED THEREON
548699-v3\PALDMS

Case 3:15-cv-04362-EMC Document 24 Filed 10/19/15 Page 3 of 4

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In light of the above facts IT IS HEREBY STIPULATED follows:

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(1)

SSCC, ECCI and ECC-C each agree and consent to the Court granting the above

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referenced motion and the relief sought in the Petition and entering the "[Proposed] Order

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Confirming Arbitration Award; and, Judgment" in the form attached hereto as EXHIBIT A as the

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order and judgment of the Court on the Petition and SSCC's motion.

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(2)

That the Court enter the "[Proposed] Order Confirming Arbitration Award; and,

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Judgment" in the form attached hereto as EXHIBIT A as the order and judgment of the Court on the

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Petition and SSCC's motion.

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IT IS SO STIPULATED.
BAKER & MCKENZIE LLP

Dated: October 19, 2015

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By: /s/ Tod L. Gamlen
Tod L. Gamlen
Attorneys for Petitioner
Sabawoon Salim Construction Co.

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Dated: October 19, 2015

DENTONS US LLP

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By: /s/ Ariana N. Sarabia
Ariana N. Sarabia
Attorneys for Respondents
ECCI International, LLC and Respondent
ECC-CENTCOM Constructors, LLC

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SIGNATURE ATTESTATION
I , Tod L. Gamlen, hereby attest that all signatories to this document concur in the filing’s

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content, have authorized me to provide his/her electronic signature, and have authorized the filing of

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the document.

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Dated: October 19, 2015

/s/ Tod L. Gamlen
Tod L. Gamlen

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

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Case No. 3:15-cv-04362-EMC
STIPULATION FOR ENTRY OF ORDER CONFIRMING ARBITRATION AWARD & FOR ENTRY OF JUDGMENT BASED THEREON
548699-v3\PALDMS

Case 3:15-cv-04362-EMC Document 24 Filed 10/19/15 Page 4 of 4

Case 3:15-cv-04362-EMC Document 24-1 Filed 10/19/15 Page 1 of 6

EXHIBIT A

Case 3:15-cv-04362-EMC Document 24-1 Filed 10/19/15 Page 2 of 6

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Tod L. Gamlen, State Bar No. 83458
[e-mail]
Christina Wong, State Bar No. 288171
[e-mail]
BAKER & McKENZIE LLP
660 Hansen Way
Palo Alto, CA 94304-1044
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
SABAWOON SALIM CONSTRUCTION CO.

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Ariana N. Sarabia, State Bar No. 176741
[e-mail]
DENTONS US LLP
One Market Plaza
Spear Tower, 24th Floor
San Francisco, CA 94105-1101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Respondents
ECC INT'L LLC and ECC-CENTCOM
CONSTRUCTORS, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SABAWOON SALIM CONSTRUCTION CO.,
Petitioner,

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Case No. 3:15-cv-04362-EMC
[PROPOSED] ORDER CONFIRMING
ARBITRATION AWARD; AND,
JUDGMENT

v.
ECCI INTERNATIONAL, LLC, and ECCCENTCOM CONSTRUCTORS, LLC

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Crtrm: 5, 17th Floor
Judge: Hon. Edward M. Chen

Respondents.

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ORDER CONFIRMING ARBITRATION AWARD

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The Court has carefully reviewed and considered the Petition for Order Confirming
Arbitration Award and for Final Judgment Based Thereon (the “Petition”) of Sabawoon Salim
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. 3:15-cv-04362-EMC
CONFIRMATION ORDER AND JUDGMENT ENTRY
545493-v6\PALDMS

Case 3:15-cv-04362-EMC Document 24-1 Filed 10/19/15 Page 3 of 6

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Construction Co., all papers filed in support of the Petition, and, the argument of counsel in support

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of the Petition. Respondents consent to the granting of the Petition. Good cause appearing therefore,

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the Court finds and orders as follows:

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1.

Petitioner Sabawoon Salim Construction Co. (“SSCC”) is a corporation duly

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organized and existing under the laws of the nation of Afghanistan, with its principal office in the

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City of Kabul, Afghanistan.

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2.

ECCI International, LLC (“ECCI”) is a limited liability company duly organized and

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existing under the laws of the State of Delaware, with its principal office in the City of Virginia

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Beach, State of Virginia.

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3.

ECC-CENTCOM Constructors, LLC (“ECC-C”) is a limited liability company duly

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organized and existing under the laws of the State of Delaware, with its principal office in the City

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of Virginia Beach, State of Virginia.

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4.

ECCI also maintains offices at 1240 Bayshore Highway, Burlingame, CA.

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5.

The jurisdiction of this court is based on 28 U.S.C. §1332 in that SSCC is a citizen of

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a foreign state, Respondents are citizens of a State in the United States, and the amount in

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controversy, exclusive of interest and costs, exceeds $75,000.00.

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6.

The parties entered into four agreements pursuant to which Petitioner was to provide

construction services to Respondents.
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Each of the agreements contained an arbitration provision calling for disputes relating

to the agreements to be resolved by arbitration before the American Arbitration Association.
8.

The arbitration provisions provided that the decision of the arbitrator would be final

and binding upon both parties, and that they would comply therewith.
9.

The arbitration provisions provided that judgment could be entered upon any Award

in accordance with applicable law in any court having jurisdiction.
10.

The parties consented to the jurisdiction of this Court for the purposes of

commencing, conducting, and enforcing arbitration proceedings.

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11.

A dispute arose between the parties in relation to their agreements.

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12.

After the disputes arose, the parties agreed to use JAMS instead of the America
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. 3:15-cv-04362-EMC
CONFIRMATION ORDER AND JUDGMENT ENTRY
545493-v6\PALDMS

Case 3:15-cv-04362-EMC Document 24-1 Filed 10/19/15 Page 4 of 6

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Arbitration Association for their arbitration.
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They also agreed to submit their dispute to JAMS arbitrator, Judge William J. Cahill

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The parties agreed to submit their dispute to Judge Cahill “on the papers,” and

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completed their briefing process on June 26, 2015.

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15.

Judge Cahill entered his initial Award on July 27, 2015.

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16.

The parties jointly submitted a request to correct typographical errors in the initial

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Award on July 29, 2015.
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Judge Cahill issued his Arbitrator’s Award Including Stipulated Correction (the

“Corrected Award”) later that day on July 29, 2015.
18.

Notice of Petitioner’s application has been duly served upon Respondents and they

are subject to the jurisdiction of this Court.
19.

Petitioner has satisfied the requirements of Chapter 1 of the Federal Arbitration Act, 9

U.S.C. §1, et. seq., and Chapter 2 of the Federal Arbitration Act, 9 U.S.C. § 201, et. seq.

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Accordingly, IT IS HEREBY ORDERED as follows:

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The Corrected Award is hereby confirmed.

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Final judgment shall be entered in favor of Petitioner against Respondent ECCI for damages

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in the amount of Two Million, Five Hundred Sixty-four Thousand, Five Hundred Twenty-two and

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55/100’s Dollars ($2,564,522.39).

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Final judgment shall be entered in favor of Petitioner against Respondent ECCI for pre-

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judgment interest in the amount of Sixty-six Thousand, Seven Hundred Forty seven and 84/100

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Dollars ($66,747.84) and post-judgment on this judgement at the rate specified in 28 U.S.C. § 1961.

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Final judgment shall be entered in favor of Petitioner against Respondent ECC-C for

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damages in the amount of One Million, Seven Hundred Sixty-four Thousand, Seven Hundred

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Seventy-five and 56/100’s Dollars ($1,764,775.56)

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Final judgment shall be entered in favor of Petitioner against Respondent ECC-C for pre-

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judgment interest in the amount of Forty-five Thousand, Nine Hundred Thirty-two and 51/100

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Dollars ($45,932.51) and post-judgment on this judgement at the rate specified in 28 U.S.C. § 1961.
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. 3:15-cv-04362-EMC
CONFIRMATION ORDER AND JUDGMENT ENTRY
545493-v6\PALDMS

Case 3:15-cv-04362-EMC Document 24-1 Filed 10/19/15 Page 5 of 6

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Final judgment shall be entered in favor of Petitioner against Respondents ECCI and ECC-C,

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jointly and severally, in the amount of $68,411.50 for attorney fees and expenses incurred in

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connection with the pre-arbitration negotiations and mediation of the disputes between the parties,

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and in the arbitration proceeding before Judge Cahill.

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Final judgment shall be entered in favor of Petitioner against Respondents ECCI and ECC-C,

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jointly and severally, in the amount of $50,000 for attorney fees and expenses incurred in connection

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with this proceeding.

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Final judgment shall be entered in favor of Petitioner against Respondents ECCI and ECC-C,
jointly and severally, for the costs and expenses allowable by law in connection with the Petition.
With respect to Subcontract #SSCC.Subk.5901.000 which is attached to the Petition as
Exhibit 3, ECCI shall do the following:
A.

negotiate in good faith to maximize the Claim that ECCI has submitted to the United

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States Corp of Engineers (“USACE”) for extra compensation related to the delays associated with

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the change in security posture at the SOF compound (the “Claim”);

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B.

provide periodic reports to SSCC on negotiation of the Claim with USACE; and

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promptly pay Petitioner SSCC all amounts paid to it by USACE that are paid for

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SSCC’s part of the Claim.
The Judgment set forth below be entered.

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IT IS SO ORDERED.

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10/22/15

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. 3:15-cv-04362-EMC
CONFIRMATION ORDER AND JUDGMENT ENTRY
545493-v6\PALDMS

Case 3:15-cv-04362-EMC Document 24-1 Filed 10/19/15 Page 6 of 6

JUDGMENT

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IT IS HEREBY ADJUDGED, ORDERED and DECREED as follows:

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(1)

Petitioner Sabawoon Salim Construction Co. (“SSCC”) is granted judgment against

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Respondent ECCI International, LLC (“ECCI”) the amount of Two Million, Six Hundred Thirty-one

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Thousand, Two Hundred Seventy and 23/100 Dollars ($2,631,270.23) and post judgment interest at

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the rate of .27%, along with costs as allowable by law.

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(2)

Petitioner SSCC is granted judgment against Respondent ECC-CENTCOM

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Constructors, LLC (“ECC-C”) the amount of One Million, Eight Hundred Ten Thousand, Seven

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Hundred Eight and 07/100 Dollars $1,810,708.07 and post judgment interest at the rate of .27%,

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along with costs as allowable by law.

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(3)

SSCC recover from Respondents ECCI and ECC-C, jointly and severally, attorney

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fees in the amount of One Hundred Eighteen Thousand, Four Hundred Eleven and 50/100 Dollars

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$118,411.50.

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(4)

ECCI shall do the following with respect to Subcontract #SSCC.Subk.5901.000

which is attached to the Petition as Exhibit 3:
A.

negotiate in good faith to maximize the Claim that ECCI has submitted to the United

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States Corp of Engineers (“USACE”) for extra compensation related to the delays associated with

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the change in security posture at the SOF compound (the “Claim”);

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B.

provide periodic reports to SSCC on negotiation of the Claim with USACE; and

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C.

promptly pay Petitioner SSCC all amounts paid to it by USACE that are paid for

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SSCC’s part of the Claim.

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DATED: _____________________

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_________________________________________
United States District Judge

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. 3:15-cv-04362-EMC
CONFIRMATION ORDER AND JUDGMENT ENTRY
545493-v6\PALDMS