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

Filing 59

STIPULATION AND ORDER AS MODIFIED re 58 . STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER filed by Galindo Construction Company, Inc., Lisa M Galindo, T L Peterson, Inc., Matthew Zugsberger, Don Ron Galindo. Initial Case Management Conference set for 5/8/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 4/27/18. (sisS, COURT STAFF) (Filed on 4/27/2018)

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PETER PROWS, CBN 257819
BRISCOE IVESTER & BASEL LLP
155 Sansome Street, Seventh Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
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
ANDERSON CAREY WILLIAMS
& NEIDZWSKI, PLLC
1501 Eldridge Avenue
Bellingham, WA 98225
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff and Relator
MATTHEW ZUGSBERGER

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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,

No. CV-17-2277 KAW
SECOND STIPULATION TO
CONTINUE CASE MANAGEMENT
CONFERENCE; ORDER

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Plaintiffs,
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AS MODIFIED

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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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Second Stipulation to Continue Case Management Conference; Order- No. CV-17-2277 KAW

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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 (CMC) currently set for May 1, 2018 at 1:30 p.m. be

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moved to May 8, 2018 at 1:30 p.m. or such subsequent time as the Court deems appropriate. The

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reason for this stipulation is that plaintiff’s attorney Peter Prows has become unavailable to attend

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the Case Management Conference on May 1, 2018, because he has been impaneled on a jury in

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Alameda County Superior Court. Mr. Prows has been informed that the trial will continue beyond

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May 1, 2018, but will end later that week, i.e., before May 8, 2018.

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This is the second time the parties have stipulated to continue the CMC. Because this case

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includes a qui tam claim for relief under the False Claims Act, it was initially filed under seal on

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April 24, 2017. After the seal was lifted, the Court on January 3, 2018, filed an Order Setting Initial

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Case Management Conference (Docket No. 13) which scheduled this CMC for April 3, 2018. On

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March 13, 2018, the parties filed a stipulation to continue the CMC from April 3 to May 1, 2018,

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(Docket No. 35), because plaintiff had filed a second amended complaint on March 9, 2018, (Docket

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No. 33), adding 13 new claims for relief and several new allegations, and defendants wanted some

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additional time to respond to the new claims and allegations.

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Granting this stipulation and request for a one week continuance of the CMC will have no

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Second Stipulation to Continue Case Management Conference; Order- No. CV-17-2277 KAW

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significant impact on the schedule for this case, especially as no trial date has yet been scheduled.
DATED: April 25, 2018
BRISCOE IVESTER & BASEL LLP

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HIGHMAN & HIGHMAN
A PROFESSIONAL LAW ASSOCIATION

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ANDERSON CAREY WILLIAMS
& NEIDZWSKI, PLLC

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By/s/ Bruce J. Highman
Bruce J. Highman
Highman & Highman
Attorneys for Plaintiff

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DATED: April 25, 2018
WEINTRAUB TOBIN CHEDIAK
COLEMAN GRODIN

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By/s/ Lukas J. Clary
Lukas J. Clary
Attorneys for Defendants
Galindo Construction Company, Inc.,
Lisa M. Galindo and Don Ron Galindo

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DATED: April 25, 2018
MURPHY AUSTIN ADAMS
SCHOENFELD LLP

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By/s/ Lisa D. Nicolls
Lisa D. Nicolls
Attorneys for Defendant
T. L. Peterson, Inc.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management
Conference is continued to 5/8/18 at 1:30 p.m.

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DATED: 4/27

, 2018
Honorable Kandis A. Westmore
United States District Court Magistrate Judge

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Second Stipulation to Continue Case Management Conference; Order- No. CV-17-2277 KAW