Austin v. Kiewit Infrastructure West Co. et al

Filing 12

STIPULATION AND ORDER re 11 STIPULATION WITH PROPOSED ORDER re 1 Complaint filed by Cherne Contracting Corporation, Kiewit Infrastructure West Co. Signed by Judge Jon S. Tigar on June 5, 2017. (Attachments: # 1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 6/5/2017)

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Kevin D. Whittaker, State Bar No. 224700
[e-mail]
Benjamin R. Buchwalter, State Bar No. 301130
[e-mail]
BAKER & McKENZIE LLP
660 Hanson Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants,
KIEWIT INFRASTRUCTURE WEST CO.,
and CHERNE CONTRACTING CORPORATION

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UNITES STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LINDSEY L. AUSTIN,

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Plaintiff,
v.
KIEWIT INFRASTRUCTURE WEST CO., et
al.,

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Case No. 17-cv-01920-JST
Date Action Filed: April 6, 2017
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANTS’ TIME TO
RESPOND TO COMPLAINT
L.R. 6-1(b)

Defendants.
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Crtrm:
Judge:

9, 19th Floor
The Honorable
Jon S. Tigar

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

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
CASE NO. CASE NO. 17-CV-01920-JST

STIPULATION

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Pursuant to L.R. 6-1(b), this Stipulation is made and entered into by and between pro per

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Plaintiff Lindsey L. Austin ("Plaintiff") and Defendants Kiewit Infrastructure West Co. and Cherne

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Contracting Corporation (“Defendants”), and collectively (the “Parties”), in order to extend the time

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for Defendants to file their responsive pleading to Plaintiff’s Complaint, filed on April 6, 2017, by

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approximately 14 days. Plaintiff and Defendants, through their respective counsel of record, agree

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and stipulate as follows:

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1. WHEREAS, Plaintiff filed his Complaint on April 6, 2017;

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2. WHEREAS, an employee of Defendant Kiewit Infrastructure West Co. was served on

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May 11, 2017;
3. WHEREAS, presuming effective service for purposes of this Stipulation only, Defendants
would need to file a responsive pleading by June 1, 2017;

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4. WHEREAS, Defendants did not retain counsel until June 1, 2017;

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5. WHEREAS, on June 1, 2017, Defendants requested an extension of 21 days, and Plaintiff

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agreed to an extension of 14 days;

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6. WHEREAS, on April 6, 2017, the Court issued an Order Setting Initial Case Management

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Conference and ADR Deadlines, scheduling the Initial Case Management Conference for

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July 6, 2017, and Rule 26(f) and ADR deadlines for June 15, 2017 and June 29, 2017;

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7. WHEREAS, in light of the requested extension of time for Defendants to answer or

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otherwise respond to the Complaint, the Parties respectfully request the Court to also

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continue the Initial Case Management Conference and related deadlines for at least 14 days,

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in order for the Parties to file a responsive pleading and benefit meaningfully from Rule 26(f)

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and ADR proceedings;

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8. WHEREAS, there have been no other extensions in time in this case;

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9. NOW THEREFORE, in consideration of the foregoing, Plaintiff and Defendants, by and

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through their respective counsel, hereby STIPULATE and AGREE as follows:
a. Defendants' time to file a responsive pleading to Plaintiff's Complaint in this
action is extended up to and including June 15, 2017;
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
CASE NO. CASE NO. 17-CV-01920-JST

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b. The Parties respectfully request the court to vacate the Order setting the Initial

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Case Management Conference and ADR Deadlines, and issue a new Order

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with deadlines subsequent to June 15, 2017; and

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c. By entering into this Stipulation, Defendants in no way concede liability with

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respect to any of Plaintiff's claims and expressly reserve and preserve all

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rights and defenses with respect thereto.

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IT IS SO AGREED UPON AND STIPULATED

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DATED: June 1, 2017.
BAKER & MCKENZIE LLP

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By:/s/ Kevin D. Whittaker
Kevin D. Whittaker
Attorneys for Defendant
KIEWIT INFRASTRUCTURE WEST
CO., and CHERNE CONTRACTING
CORPORATION

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DATED: June 1, 2017

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By: /s/ Lindsey Austin
Lindsey Austin
In Pro Per

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FILER’S ATTESTATION OF CONCURRENCE

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I, Kevin Whittaker, attest that I am one of the attorneys for Defendants Kiewit Infrastructure
West Co. and Cherne Contracting Corporation. As the ECF user and filer of this document, I attest
that concurrence in the filing of this document has been obtained from its signatories.
Dated: June 1, 2017

/s/ Kevin Whittaker
Kevin Whittaker

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
CASE NO. CASE NO. 17-CV-01920-JST

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LINDSEY AUSTIN v. KIEWIT INFRASTRUCTURE WEST CO., et al.
U.S. District Court for the Northern District of California - Case No. 17-cv-01920-JST
[PROPOSED] ORDER

PURSUANT TO STIPULATION, the following is ORDERED:
Defendants’ time to file responsive pleadings to Plaintiff’s Complaint in this action is
extended to and including June 15, 2017; and
The Court vacates the Order setting the Initial Case Management Conference and ADR
Deadlines, and will subsequently issue a new Order.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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June 5, 2017
Dated: ____________________________

_______________________________________
Jon S. Tigar
United States District Judge

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
CASE NO. CASE NO. 17-CV-01920-JST