United States of America et al v. Bell Transit Corporation et al

Filing 38

STIPULATION AND ORDER re 37 Stipulation filed by Steven Fallon. Initial Case Management Conference continued to: 9/17/2020, at 10:00 a.m. Signed by Magistrate Judge Thomas S. Hixson on 5/4/2020. (rmm2S, COURT STAFF) (Filed on 5/4/2020)

1 Stephen R. Jaffe (SBN 49539)
THE JAFFE LAW FIRM
2 [e-mail]
101 California Street, Suite 2170
3 San Francisco, CA 94111
Telephone: [phone]
4
Attorneys for Relator
5 STEVEN FALLON
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7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

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11 UNITED STATES OF AMERICA, ex rel.,
STEVEN FALLON and on behalf of the
12 STATE OF CALIFORNIA, ,
13
14

Plaintiffs-Relators,

Case No. 16-CV-6994-TSH
STIPULATION TO CONTINUANCE OF
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

v.
Magistrate Judge Thomas S. Hixson

15 BELL TRANSIT CORPORATION; MCET
AFFORDABLE TRANSPORTATION;
16 FUNCTIONAL FLOORS; MATTHEW
WAYNE; MIRIAM DELGADILLO; LUCI
17 ROGERS; TAMMY WATSON; HAYWARD
UNIFIED SCHOOL DISTRICT,
18
Defendants.
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20

Pursuant to Rules 6-1(b) and 6-2 of the Northern District Civil Local Rules, Relator

21 STEVEN FALLON and Defendants HAYWARD UNIFIED SCHOOL DISTRICT, MATTHEW
22 WAYNE, TAMI WATSON, and BELL TRANSIT CORPORATION (collectively, the "Parties")
23 hereby stipulate as follows:
24

1.

WHEREAS, this case was filed by the Relator on December 6, 2016 (Dkt. No.1).

25 Pursuant to the federal False Claims Act and the California False Claims Act, the case was filed
26 under seal.
27

2.

WHEREAS, on March 16, 2020, the United States and the State of California

28 having declined to intervene, the seal on the case was lifted and the stipulating Defendants were

16514482.1

Case No. 16-CV-6994-TSH
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

1 served with the relator’s First Amended Complaint.
2

3.

WHEREAS, on March 16, 2020, the Court issued an Order setting an initial case

3 management conference ("CMC") for June 18, 2020 at 10:00 AM (Dkt. No. 34).
4

4.

WHEREAS, the Parties have recently met and conferred and have agreed to

5 attempt to resolve this case, prior to formal litigation, through good faith settlement discussions
6 and/or mediation. In order for these efforts to be meaningful and in furtherance of judicial
7 economy and efficiency, the Parties further agree that their time and resources should be focused
8 on preparing for and engaging in settlement discussions and/or mediation, rather than formal
9 litigation at this time.
10

5.

WHEREAS, in addition, the Relator must also formally serve several additional

11 individual defendants and entity defendants, which will likely require investigation and additional
12 time, especially in light of the limitations and difficulties presented by the COVID-19 pandemic
13 and related emergency orders.
14

6.

WHEREAS, in light of the above considerations, the Parties have agreed to

15 continue the current deadlines for responding to the complaint, the initial case management
16 conference, and all other related deadlines, as set forth below.
17

7.

WHEREAS, no party will be prejudiced by the order sought by this stipulation.

18

8.

WHEREAS, there have been no prior time modifications in this case.

19

9.

WHEREAS, the below-described time modifications will not materially alter the

20 schedule for this case since there is no trial date or other events or deadlines on calendar, except
21 that which are reflected below.
22

NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE

23 PARTIES, SUBJECT TO THE COURT'S APPROVAL, THAT:
24

A.

The deadline for the stipulating Defendants to respond to the First Amended

25 Complaint is extended by approximately 45-days to July 24, 2020;
26

B.

The initial CMC is continued from June 18, 2020 to September 17, 2020 at 10:00

27 AM, or to the first available court date thereafter, in Courtroom G, 15th Floor, 450 Golden Gate
28 Avenue, San Francisco, California, and shall be attended by lead trial counsel;

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-2Case No. 16-CV-6994-TSH
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

1

C.

The Parties must confer pursuant to Rule 26(f) no later than August 27, 2020, or at

2 least 21 days prior to the new date set for the initial CMC;
3

D.

The Parties must serve their Rule 26(a)(1) initial disclosures in accordance with

4 Rule 26(a)(1)(C);
5

E.

The Parties must submit a joint CMC statement no later than September 10, 2020,

6 or at least 7 days prior to the new date set for the initial CMC, and shall be in the same format set
7 forth in the Order Setting Case Management Conference (Dkt. No. 34);
8

F.

All other related case-management and Rule 26 deadlines not explicitly covered by

9 this Stipulation, if any, shall also be extended and calculated based on the dates set forth herein;
10

IT IS SO STIPULATED.

11
THE JAFFE LAW FIRM
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13

Dated:

05/04/2020

By:

/s/
STEPHEN R. JAFFE

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Attorneys for Relator
STEVEN FALLON

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16
17

JACOBSON MARKHAM LLP

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Dated:
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20
21

05/04/2020

By:

/s/
RICHARD M. JACOBSON (SBN 114520)
JACOBSON MARKHAM LLP
8950 Cal Center Drive, Suite 210
Sacramento, California 95826
Telephone: [phone]
Email: [e-mail]

22
23

Attorneys for Defendants
HAYWARD UNIFIED SCHOOL DISTRICT,
MATTHEW WAYNE, and TAMI WATSON

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25 ///
26 ///
27 ///
28 ///

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-3Case No. 16-CV-6994-TSH
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

1

MCNAMARA SMITH LLP

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Dated:

05/04/2020

By:

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/s/
SANJAY BHANDARI (SBN 181920)
MCNAMARA SMITH LLP
655 West Broadway, Suite 1680
San Diego, California 92101
Telephone: [phone]
Email: [e-mail]

6
JOHN T. CU (SBN 207402)
KAYLEN KADOTANI (SBN 294114)
HANSON BRIDGETT LLP
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendant
BELL TRANSIT CORPORATION

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***
FILER'S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), regarding signatures, the undersigned hereby attests
15
that concurrence in the filing of the document has been obtained from all of the signatories above.
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Dated:

05/04/2020

By:

/s/
STEPHEN R. JAFFE

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16514482.1

-4Case No. 16-CV-6994-TSH
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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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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11

UNITED STATES OF AMERICA, ex rel.,
12 STEVEN FALLON and on behalf of the
STATE OF CALIFORNIA, ,
13
Plaintiffs-Relators,
14
v.
15
BELL TRANSIT CORPORATION; MCET
16 AFFORDABLE TRANSPORTATION;
FUNCTIONAL FLOORS; MATTHEW
17 WAYNE; MIRIAM DELGADILLO; LUCI
ROGERS; TAMMY WATSON; HAYWARD
18 UNIFIED SCHOOL DISTRICT,
19

Case No. 16-CV-6994-TSH
[PROPOSED] ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
Magistrate Judge Thomas S. Hixson

Defendants.

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16514482.1

Pursuant to the stipulation entered by the parties and good cause appearing therefor:
1.

The deadline for the stipulating Defendants to respond to the First Amended

Complaint is extended by approximately 45-days to July 24, 2020.
2.

The initial CMC is continued from June 18, 2020 to _____________, 2020 at 10:00
September 17

AM, in Courtroom G, 15th Floor, 450 Golden Gate Avenue, San Francisco, California, and shall
be attended by lead trial counsel.
3.

The Parties must confer pursuant to Rule 26(f) at least 21 days prior to the new date

set for the initial CMC.
Case No. 16-CV-6994-TSH
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

1

4.

The Parties must serve their Rule 26(a)(1) initial disclosures in accordance with

2 Rule 26(a)(1)(C).
3

5.

The Parties must submit a joint CMC statement at least 7 days prior to the new date

4 set for the initial CMC, in the same format set forth in the Order Setting Case Management
5 Conference (Dkt. No. 34).
6

6.

All other related case-management and Rule 26 deadlines not explicitly covered by

7 this Order, if any, shall also be extended and calculated based on the dates set forth herein.
8

IT IS SO ORDERED.

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Dated:

5/4/2020

By:
HONORABLE THOMAS S. HIXSON
UNITED STATES MAGISTRATE JUDGE

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16514482.1

-2Case No. 16-CV-6994-TSH
ORDER CONTINUING CASE MANAGEMENT CONFERENCE