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

Filing 33

STIPULATION AND ORDER 32 FOR EXTENSION OF EXPERT DISCLOSURES AND RELATED REPORTS filed by United States of America for the use of San Benito Supply. Signed by Magistrate Judge Howard R. Lloyd on 11/4/2013. (hrllc1, COURT STAFF) (Filed on 11/4/2013)

Download PDF
1 *E-Filed: November 4, 2013* LAW OFFICES MONTELEONE & McCRORY, LLP 2 200 West Santa Ana Boulevard, Suite 200 3 Santa Ana, California 92701 Tele: (714) 565-3170; Fax: (714) 565-3184 4 5 WILLIAM J. INGALSBE (CA SBN 66278) ingalsbe(W,mmlawyers.com DIANA M. DRON (CA SBN 86195) dronia!mmlawyers.com 6 Attorneys for Plaintiff, SAN BENITO SUPPLY 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 UNITED STATES OF AMERICA, For the Use) of SAN BENITO SUPPLY, a California ) corporation, ) ) Plaintiff, ) ) v. ) ) KISAQ-RQ 8A 2 JV, ajoint venture; ) FRAZIER MASONRY COMPANY, a ) California corporation; FEDERAL ) INSURANCE COMPANY, an Indiana ) corporation; WESTERN SURETY ) COMPANY, a South Dakota corporation, ) ) Defendants. ) CASE NO. 5:13-CV-00469-HRL STIPULATION FOR EXTENSION OF THE EXPERT DISCLOSURES AND RELATED REPORTS, AND ORDER THEREON 19 20 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, United States 21 22 of America, For the Use of San Benito Supply, by and through its attorneys of record, 23 Monteleone & McCrory, LLP, and Defendants KISAQ-RQ 8A 2 JV, Federal Insurance Company 24 and Western Surety Company, and Defendant and Counterclaim Plaintiff Frazier Masonry 25 Corporation, by and through their attorneys Case, Ibrahim & Clauss, LLP, as follows based on 26 the herein below facts and terms: 27 III 28 III -1STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES Case No. 5:13-CV-003469-HRL 1. 1 2 November 19, 2013; 2. 3 4 The last date for the service of expert designations (with reports) is currently The last date for the service of rebuttal expert designations (with reports) is currently December 3, 2013; 3. 5 At the mediation on October 28, 2013, San Benito Supply was informed that 6 KISAQ-RQ 8A 2 JV intends to pursue approximately $395,000 in delay damages and liquidated 7 damages; 8 4. 9 As the issue of delay and liquidated damages had been raised prior to mediation, San Benito Supply already had served its third request for production of documents with regard 10 to scheduling, delay damages, and the potential liquidated damages. On October 29, 2013, 11 counsel represented that KISAQ-RQ 8A 2 JV would produce the documents requested by San 12 Benito by November 15,2013. The production ofthese documents is from many sources and is 13 expected to be voluminous; 14 5. San Benito Supply, Frazier Masonry Corporation, and KISAQ-RQ 8A 2 JV, all 15 need to retain experts on scheduling and delay issues. The scheduling and delay experts will 16 need to review and analyze the documents KISAQ is producing and then develop the reports 17 required to be exchanged. This work cannot be performed in the limited amount of time between 18 the expected production ofKISAQ-RQ 8A 2 JV's documents on November 15, 2013 and the 19 service of the designations with reports, currently due on November 19,2013. 6. 20 The parties, through their attorneys of record, hereby stipulate to the continuance 21 of the service of expert designations (with reports) deadline from November 19,2013 to 22 December 19,2013. 23 7. The parties, through their attorneys of record, hereby stipulate to the continuance 24 of the rebuttal expert designations (with reports) deadline from December 3, 2013 to January 3, 25 2014. 26 27 8. This stipulation may be executed by fax or email and that fax or email signature will be treated as an original for all purposes. 28 -2STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES Case No. 5:13-CV-003469-HRL 1 2 9. This stipulation may be executed in counterparts, and that all executed counterparts will be taken together and treated as one full and complete document. 3 4 IT IS SO STIPULATED AND AGREED. 5 6 DATED: October30, 2013 MONTELEONE & McCRORY, LLP ~LLI~EJ_ 7 8 9 DIANA M. DRON Attorneys for Plaintiff, SAN BENITO SUPPLY 200 West Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 dronCa)mmlawyers.com (714) 565-3170 10 11 12 13 14 DATED: October_, 2013 CASE, IDRAHIM & CLAUSS, LLP 15 16 By: 17 F. ALBERT IBRAHIM Attorneys for Defendants KISAQ-RQ SA JV, FEDERAL INSURANCE COMPANY AND WESTERN SURETY COMPANY and Defendant/Counterclaimant FRAZIER MASONRY CORPORATION aibrahimlaJciclaw. com Bru~A~N~S~.~C~A~S=E~------------------ 18 19 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 Date: October_, 2013 25 HOWARD R. LLOYD United Stated Magistrate Judge 26 27 28 -3STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES Case No. 5:13-CV-003469-HRL 1 2 9. This stipulation may be executed in counterparts, and that all executed counterparts will be taken together and treated as one full and complete document. 3 4 IT IS SO STIPULATED AND AGREED. 5 6 DATED: October_, 2013 MONTELEONE & McCRORY, LLP 7 8 By______________________________ 9 WILLIAM J. WGALSBE DIANA M. DRON Attorneys for Plaintiff, SAN BENITO SUPPLY 200 West Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 dron@mmlawyers.com (714) 565-3170 10 11 12 13 14 DATED: October i2.__, 2013 CASE, IBRAHIM & CLAUSS, LLP By:~~ 15 16 BRIAN S. CASE F. ALBERT IBRAHIM Attorneys for Defendants KlSAQ-RQ 8A N, FEDERAL INSURANCE COMPANY AND WESTERN SURETY COMPANY and Defendant/Counterclaimant FRAZIER MASONRY CORPORATION aibrahim@ciclaw.com 17 18 19 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 November 4 24 Date: October_, 2013 25 HOWARD R. LLOYD United Stated Magistrate Judge 26 27 28 -3STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES Case No. 5:13-CV-003469-HRL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?