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)

Case4:12-cv-06159-DMR Document12 Filed01/04/13 Page1 of 4

1 HANSON BRIDGETT LLP
KIMON MANOLIUS, SBN 154971
2 [e-mail]
ALEXANDRA V. ATENCIO, SBN 227251
3 [e-mail]
BRENDAN A. QUIGLEY, SBN 281427
4 [e-mail]
425 Market Street, 26th Floor
5 San Francisco, California 94105
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendants
PENINSULA CORRIDOR JOINT POWERS
8 BOARD, KAREN ANTION, JUANITA VIGIL,
MIKE JOHNSON, MIKE SCANLON,
9 CHARLES HARVEY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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TRANSIT CONSTRUCTORS, LP and
15 B&C TRANSIT, INC.,
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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,
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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.

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WHEREAS,

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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.
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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.
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The parties respectfully request the Court enter an order pursuant to the parties’

24 stipulation set forth above.
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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.
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IT IS SO STIPULATED.

4 DATED: January 4, 2013

ROGER, JOSEPH, O'DONNELL

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6
By:

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/s/ Joseph C. McGowna, Jr.
Joseph C. McGowan, Jr.

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Attorneys for Plaintiffs TRANSIT
CONSTRUCTORS, LP and B&C TRANSIT,
INC.

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IT IS SO STIPULATED.
DATED: January 4, 2013

HANSON BRIDGETT LLP

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15
By:

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Attorneys for Defendants
PENINSULA CORRIDOR JOINT
POWERS BOARD, KAREN ANTION,
JUANITA VIGIL, MIKE JOHNSON, MIKE
SCANLON and CHARLES HARVEY

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/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.

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/s/ Alexandra V. Atencio
ALEXANDRA V. ATENCIO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. C12 6159 (DMR)

4912503.1

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Case4:12-cv-06159-DMR Document12 Filed01/04/13 Page4 of 4

1

ORDER

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The parties having so stipulated,

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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.

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10 Dated: January ___, 2013
Hon. Donna M. Ryu

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STIPULATION AND [PROPOSED] ORDER
CASE NO. C12 6159 (DMR)

4912503.1

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