United States of America for the use of San Benito Supply v. KISAQ-RQ 8A 2 JV et al

Filing 29

STIPULATION AND ORDER 28 FOR EXTENSION OF THE DEADLINE FOR CONDUCTING MEDIATION AND COMPLETING DISCOVERY filed by United States of America for the use of San Benito Supply. Mediation deadline continued to 10/31/13. Fact discovery dea dline continued to to 12/13/13. Expert discovery deadline continued to 1/20/14. The Court does not intend to extend the date for hearing dispositive motions or the pretrial conference. Signed by Magistrate Judge Howard R. Lloyd on 9/16/13. (hrllc1, COURT STAFF) (Filed on 9/16/2013)

*E-Filed: September 16, 2013*
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LAW OFFICES

MONTELEONE & McCRORY, LLP

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200 West Santa Ana Boulevard, Suite 200
Santa Ana, California 92701

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Tele: [phone]; Fax: [phone]

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WILLIAM J. INGALSBE (CA SBN 6627S)
ingalsbe@,mmlawyers.com
DIANA M. DRON (CA SBN S6195)
dronra)mmlmvvers.com

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Attorneys for Plaintiff, SAN BENITO SUPPLY
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DIVISION

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UNITED STATES OF AMERICA, For the Use)
of SAN BENITO SUPPLY, a California
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corporation,
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Plaintiff,
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V.
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KISAQ-RQ SA 2 JV, ajoint venture;
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FRAZIER MASONRY COMPANY, a
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California corporation; FEDERAL
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INSURANCE COMPANY, an Indiana
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corporation; WESTERN SURETY
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COMPANY, a South Dakota corporation,
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Defendants.

CASE NO. 5:13-CV-00469-HRL

STIPULATION FOR EXTENSION OF
THE DEADLINE FOR CONDUCTING
MEDIATION AND COMPLETING
DISCOVERY, AND ORDER THEREON
(ADR Local Rule 6-5)

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, United States

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of America, For the Use of San Benito Supply, by and through its attorneys of record,

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Monteleone & McCrory, LLP, and Defendants KISAQ-RQ SA 2 N, Federal Insurance Company

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and Western Surety Company, and Defendant and Counterclaim Plaintiff Frazier Masonry

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Corporation, by and through their attorneys Case, Ibrahim & Clauss, LLP, as follows based on

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the herein below facts and terms:

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1.

The mediation cutoff date is currently set for September 13, 2013;

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-1STIPULATION TO CONTINUE MEDIATION & DISCOVERY CUTOFF DATES

Case No. 5:13-CV-003469-HRL

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2.

The parties have propounded requests for production of documents to each other

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and subpoenas to third parties. The responsive documents to earlier requests have been produced

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and responses to subsequent requests are be produced by the end of August;

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3.

Due to counsel for Defendants being unavailable for mediation prior to

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August 26, 2013 and due to counsel for San Benito being engaged in trial preparation the week of

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August 26, 2013 for a five-to-six week trial that will commence in Los Angeles County Superior

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Court on September 4, 2013 before Judge McLaughlin (Long Cause calendar), the parties have

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been unable to select a date for the mediation of this action. The parties desire to continue the

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mediation deadline to October 31, 2013, and reschedule the mediation date for a date in late

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October in order to allow for the parties to have meaningful settlement discussions.
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The parties, through their attorneys of record, hereby stipulate to the continuance

of the mediation deadline to October 31, 2013.
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The parties, through their attorneys of record, hereby stipulate to the continuance

of the fact discovery deadline from November 15,2013 to December 13,2013.
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The parties, through their attorneys of record, hereby stipulate to the continuance

ofthe expert discovery deadline from December 20,2013 to January 20,2014.
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This stipulation may be executed by fax or email and that fax or email signature

will be treated as an original for all purposes.
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This stipulation may be executed in counterparts, and that all executed

counterparts will be taken together and treated as one full and complete document.
IT IS SO STIPULATED AND AGREED.
DATED: August)}, 2013

MONTELEONE & McCRORY, LLP

By~

WILLIAM J. INGALSBE
DIANA M. DRON
Attorneys for Plaintiff, SAN BENITO SUPPLY
200 West Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
dron(a~mmlawyers.com

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[phone]
-2STIPULATION TO CONTINUE MEDIATION & DISCOVERY CUTOFF DATES

Case No. 5:13-CV-003469-HRL

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DATED:

August~7, 2013

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CASE, IBRAHIM & CLAUSS, LLP

By:&~

BRIAN S. CASE

F. ALBERTIBRAIITM

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Attorneys for Defendants KISAQ-RQ 8A N,
FEDERAL INSURANCE COMPANY AND
WESTERN SURETY COMPANY and
Defendant/Counterclaimant FRAZIER MASONRY
CORPORATION
[e-mail]

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THE COURT DOES NOT INTEND TO EXTEND THE DATE FOR
DISPOSITIVE MOTIONS OR THE PRETRIAL CONFERENCE.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date:

August~

September

2013

, 2013
HOWARD R. LLOYD
United Stated Magistrate Judge

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STIPULATION TO CONTINUE MEDIATION & DISCOVERY CUTOFF DATES

Case No. 5:13-CV-003469-HRL