Aspic Engineering and Construction Company v. ECC Centcom Constructors LLC et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 16 Stipulation Extending Time for Defendants to File Response and Setting Hearing. Updated Stipulation filed by 2/24/17. Compliance hearing set for Friday, 3/3/2017 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 2/13/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ASPIC ENGINEERING AND CONSTRUCTION
COMPANY,
Plaintiff,
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Case No. 17-cv-00224-YGR
ORDER DENYING STIPULATION EXTENDING
TIME FOR DEFENDANTS TO FILE RESPONSE
AND SETTING HEARING
v.
ECC CENTCOM CONSTRUCTORS LLC, ET
IN SUPPORT FOR THE COURT AL.,
Re: Dkt. No. 16
United States District Court
Northern District of California
Defendants.
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The Court is in receipt of the Parties’ Joint Stipulation Extending Time for Defendants to
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File Response and Setting Hearing (“Stipulation”). (Dkt. No. 16). While the Court is not opposed
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to the proposed briefing schedule, it does not believe that it can agree with paragraph 7 that the
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Court shall “correct, modify or vacate the judgment that was entered in the Superior Court to
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conform with the decision of this Court.” (Dkt. No. 16 at 3.) See, e.g., Carvalho v. Equifax Info.
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Servs., LLC, 629 F.3d 876, 887 (9th Cir. 2010) (“After removal, the federal court takes the case up
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where the State court left it off . . . . Consequently, an order entered by a state court should be
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treated as though it had been validly rendered in the federal proceeding.” (internal quotation marks
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and citations omitted)); Resolution Trust Corp. v. BVS Dev., Inc., 42 F.3d 1206, 1211-12 (9th Cir.
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1994) (“It is settled that a federal court must take a case as it finds it on removal, requiring a
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district court to treat a prior state judgment as though it had been validly rendered in a federal
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proceeding.” (internal quotation marks and citations omitted)); Butner v. Neustadter, 324 F.2d
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783, 785-86 (9th Cir. 1963) (“The federal court takes the case as it finds it on removal and treats
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everything that occurred in the state court as if it had taken place in federal court.”)
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Here, despite the language of the Stipulation, it appears that the state court’s order entering
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judgment on the arbitration award stated that respondents/defendants responded. Then, they
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attempted to move to vacate the judgment in the state court by an ex parte motion, but the ex parte
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motion was denied because it needed to be filed as a noticed motion. Rather than file a noticed
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motion, respondents/defendants removed.
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Given the current procedural posture of this action, the parties’ Stipulation is DENIED. By
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February 24, 2017, the parties must file an updated stipulation. The Court SETS a compliance
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hearing for Friday, March 3, 2017 at 9:01 a.m. regarding submission of the updated stipulation.
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If compliance is complete, the compliance hearing may be vacated and the parties need not appear.
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United States District Court
Northern District of California
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Dated: February 13, 2017
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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