United States, ex rel. et al v. T L Peterson, Inc. et al

Filing 101

STIPULATION AND ORDER re 99 . STIPULATION WITH PROPOSED ORDER TO CONTINUE ADR DEADLINE filed by Galindo Construction Company, Inc., Lisa M Galindo, T L Peterson, Inc., Matthew Zugsberger, Don Ron Galindo. Signed by Magistrate Judge Kandis A. Westmore on 8/28/18. (sisS, COURT STAFF) (Filed on 8/28/2018)

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PETER PROWS, CBN 257819
BRISCOE IVESTER & BAZEL LLP
155 Sansome Street, Seventh Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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BRUCE J. HIGHMAN, CBN 101760
LOUIS A. HIGHMAN, CBN 61703
HIGHMAN & HIGHMAN
A Professional Law Association
870 Market Street, Suite 467
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
NICHOLAS J. NEIDZWSKI, CBN 273020
GORDON T. CAREY, JR. (Admitted Pro Hac Vice)
ANDERSON CAREY
WILLIAMS & NEIDZWSKI
1501 Eldridge Avenue
Bellingham, Washington 98225
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Relator
MATTHEW ZUGSBERGER
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO-OAKLAND DIVISION

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UNITED STATES ex rel. MATTHEW
ZUGSBERGER and MATTHEW
ZUGSBERGER,
Plaintiffs,

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v.
T.L. PETERSON, INC., a California
corporation, in personam; GALINDO
JOINT STIPULATION TO CONTINUE ADR DEADLINE
AND PROPOSED ORDER
CV-17-2277 KAW- 1

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Case No.: CV-17-2277 KAW
JOINT STIPULATION TO
CONTINUE ADR DEADLINE AND
PROPOSED ORDER

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CONSTRUCTION COMPANY, INC., a )
California corporation, in personam; LISA )
M. GALINDO, an individual, in personam; )
DON RON GALINDO, an individual, in )
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personam; DOES 1-10, inclusive,
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Defendants.
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Pursuant to Local Rule 7-12, Plaintiff and Relator Matthew Zugsberger
(“Plaintiff”), Defendants Galindo Construction Company, Inc., Lisa M. Galindo and
Don Ron Galindo (“Galindo Defendants”) and Defendant T.L. Peterson (“Peterson”)

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(collectively, “the parties”) hereby stipulate, agree, and request that the ADR
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completion deadline currently set for July 24, 2018 (Docket No. 82, pg. 8) be continued
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until the later of the following dates: (1) November 9, 2018 or (2) a date after a
decision is entered on Plaintiff’s Motion for Partial Summary Judgment (Docket No.
65) which is currently set for hearing on September 20, 2018 at 1:30p.m.
There is good cause for this stipulation and request. The parties currently have a

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full-day mediation scheduled on September 6, 2018 with Margaret A. Corrigan, Esq.,

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Circuit Mediator, U.S. Court of Appeals for the Ninth Circuit. The parties, however,

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wish to engage in mediation following a decision on Plaintiff’s Motion for Partial

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Summary Judgment and following further discovery. The parties believe that mediation

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on such a later date will present a better chance at being productive and resolving this

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case. Ms. Corrigan has also been notified of the parties’ intent to mediate on a later
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date and is amenable to continuing the mediation date accordingly.
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JOINT STIPULATION TO CONTINUE ADR DEADLINE
AND PROPOSED ORDER
CV-17-2277 KAW- 2

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DATED this 23rd day of August, 2018.

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ANDERSON CAREY WILLIAMS & NEIDZWSKI. PPLC

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By:

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s/ Nicholas J. Neidzwski
Nicholas J. Neidzwski
Attorneys for Plaintiff

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weintraub tobin chediak coleman grodin

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LAW CORPORATION

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By:

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s/ Lukas J. Clary
Lukas J. Clary
Ryan E. Abernethy
Attorneys for Galindo Defendants

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MURPHY AUSTIN ADAMS SHOENFELD, LLP

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By:

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s/ Lisa D. Nicolls
Lisa D. Nicolls
Attorneys for Peterson Defendant

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PROPOSED ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the ADR deadline
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is continued from July 24, 2018 until the later of the following dates: (1) November 9,
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2018 or (2) a date following the Court’s decision on Plaintiff’s Motion for Partial
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Summary Judgment.
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8/28/18
Dated: __________________

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____________________________________
Hon. Kandis A. Westmore

JOINT STIPULATION TO CONTINUE ADR DEADLINE
AND PROPOSED ORDER
CV-17-2277 KAW- 3