ISCO Industries LLC v. North Bay Construction Inc. et al

Filing 73

ORDER re 72 Granting Stipulation Continuing Case Management Conference. Case Management Conference set for 7/20/2010 02:00 PM.Signed by Judge Claudia Wilken on 04/22/2010. (ndr, COURT STAFF) (Filed on 4/22/2010)

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile [phone]

W. BARTON WEITZENBERG, ESQ., SB# 051788 DAVID W. BERRY, ESQ., SB# 180995 JENNIFER M. MILLIER, ESQ., SB# 253814 ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200 P.O. Box 1566 Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile: 707-542-2589 Attorneys for Defendants/Cross-Complainants NORTH BAY CONSTRUCTION, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ISCO INDUSTRIES, Plaintiff, v. NORTH BAY CONSTRUCTION, INC., et al., Defendants. ____________________________________/ NORTH BAY CONSTRUCTION, INC. et al, Defendants/CrossComplainant, v. ISCO INDUSTRIES, LLC, a Kentucky limited liability company, and ROES 1 through 50, inclusive, Defendants. ____________________________________/ Pursuant to Civil L.R. 7-12, that parties to the above-entitled action certify that they met and conferred at least ten (10) days prior to the subsequent case management conference scheduled in this case and jointly submit this Stipulation and [Proposed] Order Continuing the Case Management Conference currently scheduled for April 27, 2010, for 90 days until July 20, 2010. -1STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Case No. 4:06-CV-07082-CW STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile [phone]

DESCRIPTION OF CASE DEVELOPMENTS 1. The following progress or changes have occurred since the last case management

statement filed by the parties: Pursuant to Order of this Court signed June 18, 2009, this matter is stayed pending completion of the leachate pipeline which is the subject matter of this litigation. Physical repair on the pipeline is completed and the parties anticipate that final testing and approval of the pipeline will occur in the next 30 days, with leachate flowing thereafter. The parties have a further conference scheduled with the mediator on June 3, 2010, at which time we will be able to assess if damages are set. 2. The parties are still engaged in ongoing mediation discussions with mediator

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Bruce Edwards. 3. The parties jointly request the Court to make the following Order:

The parties request the Court set this matter for a further case management conference for not less than ninety (90) days from now, on July 20, 2010. Dated: April ___, 2010 LEWIS BRISBOIS BISGAARD & SMITH, LLP By_______________________________________ Jeffrey G. Bairey Lorena Matei Attorneys for Cross-Defendant ISCO INDUSTRIES, LLC Dated: April ___, 2010 BELL, ROSENBERG & HUGHTS LLP By_______________________________________ Roland Nikles Attorneys for Plaintiff and Cross-Defendants ISCO INDUSTRIES, LLC Dated: April ___, 2010 ABBEY, WEITZENBERG, WARREN & EMERY By_______________________________________ David W. Berry, Esq. Jennifer M. Millier, Esq. Attorneys for Defendant/Cross-Complainants NORTH BAY CONSTRUCTION, INC. -2STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566 Telephone: [phone] Facsimile [phone]

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference is continued to July 20, 2010, at 2:00 p.m. Updated Case Management Conference Statements due one week prior to conference. [In addition the Court orders as follows:]

Dated: 4/22/2010

_______________________________________ UNITED STATES DISTRICT COURT JUDGE Claudia Wilken

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