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

Filing 83

ORDER Granting 82 Stipulation CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/19/2011. Case Management Conference set for 7/26/2011 02:00 PM. Signed by Judge Claudia Wilken on 4/15/2011. (ndr, COURT STAFF) (Filed on 4/15/2011)

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W. BARTON WEITZENBERG, ESQ., SB# 051788
DAVID W. BERRY, ESQ., SB# 180995
KATE MULLINS HENDERSON, ESQ., SB# 258861
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.

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UNITED STATES DISTRICT COURT

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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]

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NORTHERN DISTRICT OF CALIFORNIA

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ISCO INDUSTRIES,

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Plaintiff,

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NORTH BAY CONSTRUCTION, INC., et
al.,
Defendants.
____________________________________/
NORTH BAY CONSTRUCTION, INC. et
al,
Defendants/CrossComplainant,

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STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

v.

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Case No. 4:06-CV-07082-CW

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

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and conferred at least ten (10) days prior to the subsequent case management conference

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scheduled in this case and jointly submit this Stipulation and [Proposed] Order Continuing the

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Case Management Conference currently scheduled for April 19, 2011, for 90 days until July 19,

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2011.
-1STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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DESCRIPTION OF CASE DEVELOPMENTS

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1.

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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

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completion of the leachate pipeline which is the subject matter of this litigation. Physical repair

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on the pipeline is completed, final testing of the pipeline is currently underway and approval of

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the pipeline will occur in the next 30 days, with leachate flowing thereafter.
2.

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]

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North Bay Construction has initiated litigation against Sonoma County in Sonoma

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County Superior Court, case number SCV-249232. The parties are discussing finding a joint

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forum to resolve all of the issues and are addressing bringing all parties to either mediation or

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arbitration.

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The parties request the Court set this matter for a further case management conference for

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The parties jointly request the Court to make the following Order:

not less than ninety (90) days from now, on July 19, 2011.

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Dated: April 12, 2011

LEWIS BRISBOIS BISGAARD & SMITH, LLP

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By_______________________________________
Jeffrey G. Bairey
Lorena Matei
Attorneys for Cross-Defendant
ISCO INDUSTRIES, LLC

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Dated: April 12, 2011

BELL, ROSENBERG & HUGHTS LLP

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By_______________________________________
Roland Nikles
Attorneys for Plaintiff and Cross-Defendants
ISCO INDUSTRIES, LLC

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///

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-2STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Dated: April 12, 2011

ABBEY, WEITZENBERG, WARREN & EMERY

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By_______________________________________
David W. Berry, Esq.
Kate Mullins Henderson, Esq.
Attorneys for Defendant/Cross-Complainants
NORTH BAY CONSTRUCTION, INC.

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SUPPLEMENTAL CASE MANAGEMENT ORDER

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The Stipulation to Continue the April 19, 2011, Case Management Conference is hereby
adopted by the Court and the parties are ordered to comply with this Order. The Case

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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]

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Management Conference is continued to July 26, 2011, at 2:00 p.m. Updated Case Management

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Conference Statements due one week prior to conference.

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[In addition the Court orders as follows:]

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4/15/2011
Dated: _________________

_______________________________________
UNITED STATES DISTRICT COURT JUDGE
Claudia Wilken

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE