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

Filing 36

STIPULATION AND ORDER re 35 . STIPULATION WITH PROPOSED ORDER STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Galindo Construction Company, Inc., Lisa M Galindo, T L Peterson, Inc., Matthew Zugsberger, Don Ron Galindo. Case Management Statement due by 4/24/2018. Initial Case Management Conference set for 5/1/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 3/14/18. (sisS, COURT STAFF) (Filed on 3/14/2018)

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Lukas J. Clary, State Bar No. 215519
[e-mail]
Ryan E. Abernethy, State Bar No. 267538
[e-mail]
weintraub tobin chediak coleman grodin
LAW CORPORATION
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Telephone:
916/558.6000
Facsimile:
916/446.1611
Attorneys for Defendants
Galindo Construction Company, Inc.;
Lisa M. Galindo and Don Ron Galindo

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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

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law corporation

weintraub tobin chediak coleman grodin

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Plaintiffs,

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v.
T.L. PETERSON, INC., a California
corporation, in personam; GALINDO
CONSTRUCTION COMPANY, INC., a
California corporation, in personam; LISA M.
GALINDO, an individual, in personam; DON
RON GALINDO, an individual, in personam;
DOES 1-10, inclusive,

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Defendants.

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Case No. 4:17-CV-02277-KAW
[Hon. Kandis A. Westmore]
STIPULATION AND REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE

Jury Trial Requested
Complaint Filed: 9/11/17

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Pursuant to Rules 6-1, 6-2, and 7-12 of the United States District Court for the Northern

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District of California, Plaintiff and Relator Matthew Zugsberger (“Plaintiff”), Defendants Galindo

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Construction Company, Inc., Lisa M. Galindo and Don Ron Galindo (“Galindo Defendants”) and

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Defendant T.L. Peterson (“Peterson”) (collectively, “the Parties”) hereby stipulate, agree, and

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request that the Case Management Conference currently set for April 3, 2018 at 1:30 p.m. be moved

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to May 1, 2018 at 1:30 p.m. or such subsequent time as the Court deems appropriate. The Parties
{2405368.DOC;}

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Stipulation to Continue Case Management Conf.
4:17-cv-02277-KAW

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further stipulate and request that the case schedule set forth the Court’s Order Setting Initial Case

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Management Conference and ADR Deadlines (Docket No. 13) be modified as follows:

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1) Deadlines currently set for March 13, 2018 pursuant to Federal Rule of Civil Procedure

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26(f), ADR Local Rule 3-5, and Civil Local Rule 16-8 be moved to April 24, 2018; and

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2) Deadlines currently set for March 27, 2018 pursuant to Federal Rule of Civil Procedure

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26(a) and Civil Local Rule 16-9 be moved to April 24, 2018.

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There is good cause for this stipulation and request.

The current Case Management

January 3, 2018. On March 9, 2018, following the Parties’ stipulation (Docket No. 30) and the

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Court’s Order upon that stipulation (Docket No. 32), Plaintiff filed a Second Amended Complaint

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(Docket No. 33). The Second Amended Complaint contains 13 new claims and several new

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allegations that were not present in the First Amended Complaint. At present, none of the

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Defendants have responded to the Second Amended Complaint and Defendant TL Peterson has not

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yet appeared in this action.

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law corporation

Conference was set for April 3, 2018 based on Plaintiff’s First Amended Complaint being filed on

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weintraub tobin chediak coleman grodin

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corresponding deadlines set forth above will allow Defendants sufficient time to evaluate and

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respond to the new claims and allegations, and will allow the Parties to more meaningfully comply

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with their obligations under Rule 26 and the applicable Local Rules.

A brief continuance of the Case Management Conference and

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There have been no previous modifications pursuant to stipulation in this case. There has

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been one previous modification to the Case Management Conference and Case Schedule pursuant to

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Court order. Specifically, the Court’s Order Setting Initial Case Management Conference and ADR

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Deadlines (Docket No. 13) modified the dates set forth in the original April 24, 2017 Order Setting

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Initial Case Management Conference and ADR Deadlines that corresponded to Plaintiff’s original

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complaint.

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Other than the modifications set forth herein, granting this stipulation and request will have

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no significant impact on the schedule for this case as the case is not yet at issue and no trial date has

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been scheduled.

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///
{2405368.DOC;}

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Stipulation to Continue Case Management Conf.
4:17-cv-02277-KAW

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Dated: March 13, 2018

ANDERSON CAREY WILLIAMS & NEIDZWSKI. PLLC

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By:

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

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Dated: March 13, 2018

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weintraub tobin chediak coleman grodin
LAW CORPORATION

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By:

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Dated: March 13, 2018

MURPHY AUSTIN ADAMS SHOENFELD, LLP

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By:

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law corporation

weintraub tobin chediak coleman grodin

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

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

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PROPOSED ORDER AS MODIFIED

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PURSUANT TO STIPULATION, IT IS SO ORDERED., the Case Management Conference

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is continued to May 1, 2018, at 1:30 p.m., with the joint case management conference statement due by

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April 24, 2018.

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Dated: __________________
3/14/18

____________________________________
Hon. Kandis A. Westmore

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{2405368.DOC;}

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Stipulation to Continue Case Management Conf.
4:17-cv-02277-KAW