Transit Constructors, LP et al v. Parsons Transportation Group, Inc. et al

Filing 16

Order by Magistrate Judge Donna M. Ryu granting 12 Stipulation.(dmrlc2, COURT STAFF) (Filed on 1/7/2013)

Download PDF
Case4:12-cv-06159-DMR Document12 Filed01/04/13 Page1 of 4 1 HANSON BRIDGETT LLP KIMON MANOLIUS, SBN 154971 2 kmanolius@hansonbridgett.com ALEXANDRA V. ATENCIO, SBN 227251 3 aatencio@hansonbridgett.com BRENDAN A. QUIGLEY, SBN 281427 4 BQuigley@hansonbridgett.com 425 Market Street, 26th Floor 5 San Francisco, California 94105 Telephone: (415) 777-3200 6 Facsimile: (415) 541-9366 7 Attorneys for Defendants PENINSULA CORRIDOR JOINT POWERS 8 BOARD, KAREN ANTION, JUANITA VIGIL, MIKE JOHNSON, MIKE SCANLON, 9 CHARLES HARVEY 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 TRANSIT CONSTRUCTORS, LP and 15 B&C TRANSIT, INC., 16 17 Plaintiff, v. 18 PARSONS TRANSPORTATION GROUP, INC., PENINSULA CORRIDOR JOINT 19 POWERS BOARD, KAREN ANTION, KAREN ANTION CONSULTING, LLC, 20 JUANITA VIGIL, MIKE JOHNSON, MIKE SCANLON, CHARLES HARVEY and 21 DOES 1 through 50, inclusive, 22 CASE NO. C12-6159 DMR STIPULATION RE: DEFENDANTS PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, MIKE JOHNSON, JUANITA VIGIL, MIKE SCANLON AND CHUCK HARVEY'S ANSWER TO PLAINTIFF'S ORIGINAL COMPLAINT TO BE DEEMED ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON Defendant. 23 24 25 WHEREAS, 26 1. On October 5, 2012, Plaintiffs TRANSIT CONSTRUCTORS, LP and B&C 27 TRANSIT, INC. (collectively "Plaintiffs") commenced this action in the Superior Court of 28 the State of California, County of San Mateo, entitled Transit Constructors, LP and B&C 1 STIPULATION AND [PROPOSED] ORDER CASE NO. C12 6159 (DMR) Case4:12-cv-06159-DMR Document12 Filed01/04/13 Page2 of 4 1 Transit, Inc. v. Parsons Transportation Group, Inc., Peninsula Corridor Joint Powers 2 Board, Karen Antion, Juanita Vigil, Mike Johnson, Mike Scanlon, Charles Harvey and 3 Does 1 through 50, Case No. CIV 517205 (“State Court Action”). 4 2. On December 4, 2012, Defendants Peninsula Corridor Joint Powers Board, 5 Karen Antion, Juanita Vigil, Mike Johnson, Mike Scanlon and Charles Harvey (collectively 6 “Defendants”) timely filed an Answer to the Complaint in the State Court Action. 7 3. On December 5, 2012, Defendants properly removed the State Court 8 Action to the United States District Court for the Northern District of California pursuant to 9 28 U.S.C. §§ 1441 and 1446. This Court has original jurisdiction over this action under 10 28 U.S.C. § 1331, which derives from 42 U.S.C. § 1983 in that Plaintiffs' Complaint 11 alleges a claim based on this federal law. 12 4. On December 21, 2012, Plaintiff filed a First Amended Complaint in this 13 action. The First Amended Complaint added a party, Karen Antion Consulting, LLC. The 14 First Amended Complaint also made a few revisions and additions to the original 15 Complaint, but did not add or delete any claims against Defendants. 16 5. Therefore, IT IS HEREBY STIPULATED by and between Defendants 17 PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, JUANITA VIGIL, 18 MIKE JOHNSON, MIKE SCANLON and CHARLES HARVEY (“Defendants”), and 19 Plaintiffs TRANSIT CONSTRUCTORS, LP and B&C TRANSIT, INC. (hereinafter 20 “Plaintiffs”), by and through their attorneys of record, that Defendants’ answer and 21 general denial to Plaintiffs’ original Complaint in the State Court Action be deemed their 22 answer and denial to the allegations of the First Amended Complaint herein. 23 The parties respectfully request the Court enter an order pursuant to the parties’ 24 stipulation set forth above. 25 6. Alternatively, if the Court does not grant the parties' proposed order upon 26 the above-stipulation, Defendants and Plaintiffs STIPULATE AND AGREE that 27 Defendants shall have a three week extension of time in which to answer or otherwise 28 respond to the First Amended Complaint, from January 7, 2013 up to and including STIPULATION AND [PROPOSED] ORDER 4912503.1 CASE NO. C12 6159 (DMR) 2 Case4:12-cv-06159-DMR Document12 Filed01/04/13 Page3 of 4 1 January 28, 2013. This extension will not alter the date of any event or any deadline 2 already fixed by Court order. 3 IT IS SO STIPULATED. 4 DATED: January 4, 2013 ROGER, JOSEPH, O'DONNELL 5 6 By: 7 /s/ Joseph C. McGowna, Jr. Joseph C. McGowan, Jr. 8 Attorneys for Plaintiffs TRANSIT CONSTRUCTORS, LP and B&C TRANSIT, INC. 9 10 11 12 13 IT IS SO STIPULATED. DATED: January 4, 2013 HANSON BRIDGETT LLP 14 15 By: 16 17 Attorneys for Defendants PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, JUANITA VIGIL, MIKE JOHNSON, MIKE SCANLON and CHARLES HARVEY 18 19 20 21 22 23 24 25 /s/ Alexandra V. Atencio Alexandra V. Atencio SBN 227251 SIGNATURES UNDER LOCAL RULE 5-1(i)(3) Pursuant to Local Rule 5-1(i)(3) of the United States District Court, Northern District of California, I, Alexandra V. Atencio—the ECF User whose User ID and Password are used in the filing of this document—hereby attest that the concurrence to the filing of this document has been obtained from the other signatory to this document. 26 /s/ Alexandra V. Atencio ALEXANDRA V. ATENCIO 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. C12 6159 (DMR) 4912503.1 3 Case4:12-cv-06159-DMR Document12 Filed01/04/13 Page4 of 4 1 ORDER 2 The parties having so stipulated, 3 IT IS HEREBY ORDERED, that Defendants PENINSULA CORRIDOR JOINT 4 POWERS BOARD, KAREN ANTION, JUANITA VIGIL, MIKE JOHNSON, MIKE 5 SCANLON and CHARLES HARVEY’s (“Defendants”) answer and general denial to 6 Plaintiffs’ original Complaint in the State Court Action be deemed their answer and denial 7 to the allegations of the First Amended Complaint herein. 8 IT IS SO ORDERED. 9 7 10 Dated: January ___, 2013 Hon. Donna M. Ryu 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. C12 6159 (DMR) 4912503.1 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?