Kirlin Builders, LLC v. North American Specialty Insurance Company

Filing 29

STIPULATION AND ORDER re 28 STIPULATION WITH PROPOSED ORDER to Stay Proceedings Pending Mediation filed by Kirlin Builders, LLC. Signed by Judge Jon S. Tigar on May 31, 2017. (wsn, COURT STAFF) (Filed on 5/31/2017)

1
2

3

4
5
6
7
8
9

10
11

12

BRADLEY ARANT BOULT CUMMINGS LLP
MICHAEL W. KNAPP (SBN 200422)
mlmapp@bradley .com
Hearst Tower
214 North Tryon Street, Suite 3700
Charlotte, NC 28202
Telephone: (704) 338~6004
Facsimile:. (704) 338~6096.
PILLSBURY WINTHROP SHAW PITTMAN LLP
JOHN R. HEISSE (SBN 134964)
.
[e-mail]
WILLIAMS. HALE (SBN 260414)
william.hale@pillsburylaw~com

LAURA C. HURTADO (SBN 267044)
laura.hurtado@pillsbury law.com
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111-5998
Telephone: (415) 983:-1000
Facsimile: (415) 983~1200
Counsel for Plaintiff KIRLIN BUILDERS, LLC

Craig E. Guenther, bar No. 126134
[e-mail]
14 . Booth, Mitchel & Strange LLP
· 701 South Parker Street, Suite 6500
I
. 15 Orange, CA 92868~4733
(714) 480"8500 I Fax: (714) 480~8533
16 Counsel for Defendant North American
Specialty Insurance Company
17
JJNITED STATES DISTlUCT COURT
NORTHERN DISTRICT OF CALIFORNIA
18
SAN FRANCISCO DIVISION
19
KIRLIN BUILDERS, LLC, f/k/a JOHN J.
Case No. 3:17~cv-00608 JST
20 KIRLIN SPECIAL PROJECTS, LLC,
13

21
22
23'
24
25
26

Plaintiff,

v.

, JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING MEDIATION

NORTH AMERICAN SPECIALTY
INSURANCE COMPANY,
Defendant.·

AND RELATED CROSS-CLAIM

. 27
I
28

1 ofS
STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING MEDIATION
CASE NO. 3:17~cv·00608 JST

1

This Stipulation is entered into by and among Plaintiff Kirlin Builders, LLC ("Kirlin")

2

and Defendant/Cross~PlaintiffNorth American Specialty Insurance Company ("NAS")

3

(collectively "the Parties''), by and through their respective counsel;

·4

WHEREAS, Kirlin. filed a complaint in the above~entitled action in the United States

5

District Court for the Northern District of California, on February 7, 2017 (the "Complaint':), and

6

served the Complaint on NASon March 7, 2017 (ECF Nos. 1 and 11);

7

WHEREAS, on Februru.y 23, 2017, the Clerk continued the due date for the Case

8

Management Statement from May 5, 2017 to May 15, 2017, and the Initial Case Management

9

Conference from May 12, 2017 to May 24, 2017 (ECF No. 10);

10

WHEREAS, NAS filed its answer to the Complaint and cross~claim (the "Cross·Claim")'

11

against Cross-Defendants, Federal Solutions Group, Inc, d/b/a Federal Construction ("PSG"),

12

Bara Infoware, Inc. ("Bara"), Selina Singh, & Manjindar P. Singh (the "Singhs") on March 28,

13

2017 (ECF No. 12);

14
15
16

WHEREAS, on April 21, 2017, the Parties met and conferred regarding the initial
disclosures, early settlement, ADR process selection~ ru.1d the discovery plan;
WHEREAS, on April26, 2017, the Parties filed the Joint Stipulation and [Proposed]

17

Order Continuing Case Management Conference and Other Pending Deadlines (ECF No. 23)

18

seeking a twenty~eight (28) day continuance of the Case Management Conference and related

19

pending deadlinys so as to allow the pru.iicipation of Cross~ Defendants, who had not yet

20

answered the Cross·Complaint;

21
22
23

WHEREAS, the Court entered the Order Continuing Case Management Conference and
Other Pending Deadlines on April27, 2017 (ECF No. 24);
WHERBASE, NAS successfully performed service on Cross-Defendant Bara, on April

24

12, 2017 (ECF No. 15), on Cross~Defendant FSG on May 19, 2017 (ECF No. 25), on Cross~

25

Defendant Selina Singh on May 23 1 2017 (ECF No. 26), and on Cross~ Defendant Manjindar P.

26

Singh on May 23, 2017 (ECF No. 27);

27
28

2 of5
STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING MEDIATION
CASE NO.3: 17-cv-00608 JS

1

WHEREAS, Cross-Defendant Bara's answer to the Ctoss~Claim was due May 3, 2017;.

2

Cross·Defendant FS'G's answer to the Cross . . Claim is due June 8, 2017; and Cross·Defendants

3

Singhs' answers to the Cross-Claim are due June 12, 2017;

4

WHEREAS, none of the Cross-Defendants have answered the Cross~Claim;

5

WHEREAS, the Case Management Staterpent is currently due by June 7, 2017, and the

·6
7
.8

9
10

Case Management Conference is set for June 21, 2017 (ECF No. 24);
WHEREAS, although the Parties have not yet set the .date(s) for the mediation, the
Parties have agl'eed upon the private mediator and the Parties anticipate that the mediation shall
be completed not later than August 31, 2017;
W!IEREAS, should the mediation be unsuccessful in achieving resolution of this action,

'i 1

the Parties shall confer and attempt to agree on a revised proposed Scheduling Order, and shall

12

seek the Court's approval of a revised schedule either tlu·ough agreement or a scheduling ·

13

conference with the Court; ·

14

WHEREAS, the Parties agree that staying the case pending mediation will permit more

15

efficient case management, will serve the interests of judicial economy, and will conserve Party

~6

and Court resources;

17
18
19

NOW, THEREFORE, pursuant to Civil Local Rules 6~2(a) and 7·1:2, the Parties hereby
stipulate and agree, tlnough their respective counsel, as follows:
1.

The June 7, 2017 deadline to file the Joint Case Management Statement, Rule

20

26(f) Report, complete initial disclosures, or state objections in Rule 26(f) Report shall be stayed

21

pending mediation;

22
23

2.

The June 21, 2017 Case Management Conference, shall be stayed pending

mediation;

24

3.

The mediation shall be completed not later than August 31, 20 17;

25

4.

The Parties will notify the Court within ten (1 0) days of completion of the

26
I

mediation, and inform the Court at that time whether further proceedings in this action are

27

required;

28

3 of5
STIPULATION AND [PROPOSED] ORDER TO STA
PROCEEDINGS PENDING MEDIATION
CASE NO. 3:17-cv-00608 JST

5.

Should the mediation be unsuccessful in achieving resolution of the action

2

between the Parties, the Parties shall confer and attempt to agree on a revised proposed

3

Scheduling Order, and shall seek the Court's approval of a revised schedule either thtough

.4

agreement or a scheduling conference with the Court by September 10, 2017

5
6

IT IS SO STIPULATED.
Dated: 5/30/17

By:.
--~/sLLaura C.

7

Hurtado
LAURA C. HURTADO

8

Counsel for Plaintiff KIRLIN BUILDERS, LLC

9

10
11·

12

13

Dated:

By:

Counsel for Defendant NORTH AMERICAN
SPECIALTY INSURANCE COMPANY

14
15
16
17

18
19

20
. 21
22
23
24
25

26
27

28

4 of5
STIPULATION AND [PRo"POSED] ORDER TO STA .
PROCEEDINGS PENDING MEDIATIO
CASE NO. 3:17-cv-00608 JS

1

[PROPO.SED] ORDER

2
3

4
5

6

7
8
9

10
11

12
13

Pursuant to the parties' stipulation and good cause having been shown, it is hereby
ordered that the Case Management Conference currently set for June 21, 2017, at 2PM and the
June 7, 2017 deadline, to file the Joint Case Management Statement; Rule 26(±) Report; complet
initial disclosures; or state objections in ·Rule 26(f) Report are stayed pending further Order of
this Court. The Parties are hereby directed to complete mediation by August 31, 2017, and to
notify the Court within ten (10) days of completion of the mediation, and to inform the Court at
that time whether further proceedings in this action are required.
· Should the mediation be unsuccessful in a,chieving resolution of this action between the
Parties, the Parties shall confer and attempt to agree on a revised proposed Scheduling Order,
and shall seek the Court's approval of a revise schedule either through agreement or a scheduling
conference with the Court by September 10, 2017.

14
15

Dated: May 31, 2017
THE HONORABLE JON S; TIGAR
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21

22
23

24
25

'

'

26
27

28

5 of5
STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING MEDIAT.ION
CASE NO. 3:17-cv-00608 JST