United States of America for the use of San Benito Supply v. KISAQ-RQ 8A 2 JV et al
Filing
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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)
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*E-Filed: November 4, 2013*
LAW OFFICES
MONTELEONE & McCRORY, LLP
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200 West Santa Ana Boulevard, Suite 200
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Santa Ana, California 92701
Tele: (714) 565-3170; Fax: (714) 565-3184
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WILLIAM J. INGALSBE (CA SBN 66278)
ingalsbe(W,mmlawyers.com
DIANA M. DRON (CA SBN 86195)
dronia!mmlawyers.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 8A 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.
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CASE NO. 5:13-CV-00469-HRL
STIPULATION FOR EXTENSION OF
THE EXPERT DISCLOSURES AND
RELATED REPORTS, AND ORDER
THEREON
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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 8A 2 JV, 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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III
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III
-1STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES
Case No. 5:13-CV-003469-HRL
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November 19, 2013;
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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;
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At the mediation on October 28, 2013, San Benito Supply was informed that
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KISAQ-RQ 8A 2 JV intends to pursue approximately $395,000 in delay damages and liquidated
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damages;
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4.
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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
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to scheduling, delay damages, and the potential liquidated damages. On October 29, 2013,
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counsel represented that KISAQ-RQ 8A 2 JV would produce the documents requested by San
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Benito by November 15,2013. The production ofthese documents is from many sources and is
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expected to be voluminous;
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5.
San Benito Supply, Frazier Masonry Corporation, and KISAQ-RQ 8A 2 JV, all
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need to retain experts on scheduling and delay issues. The scheduling and delay experts will
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need to review and analyze the documents KISAQ is producing and then develop the reports
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required to be exchanged. This work cannot be performed in the limited amount of time between
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the expected production ofKISAQ-RQ 8A 2 JV's documents on November 15, 2013 and the
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service of the designations with reports, currently due on November 19,2013.
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The parties, through their attorneys of record, hereby stipulate to the continuance
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of the service of expert designations (with reports) deadline from November 19,2013 to
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December 19,2013.
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7.
The parties, through their attorneys of record, hereby stipulate to the continuance
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of the rebuttal expert designations (with reports) deadline from December 3, 2013 to January 3,
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2014.
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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.
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-2STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES
Case No. 5:13-CV-003469-HRL
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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.
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IT IS SO STIPULATED AND AGREED.
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DATED: October30, 2013
MONTELEONE & McCRORY, LLP
~LLI~EJ_
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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
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DATED: October_, 2013
CASE, IDRAHIM & CLAUSS, LLP
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By:
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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~------------------
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Date: October_, 2013
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HOWARD R. LLOYD
United Stated Magistrate Judge
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-3STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES
Case No. 5:13-CV-003469-HRL
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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.
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IT IS SO STIPULATED AND AGREED.
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6 DATED: October_, 2013
MONTELEONE & McCRORY, LLP
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By______________________________
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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
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DATED: October
i2.__, 2013
CASE, IBRAHIM & CLAUSS, LLP
By:~~
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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
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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November 4
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Date: October_, 2013
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HOWARD R. LLOYD
United Stated Magistrate Judge
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-3STIPULATION TO CONTINUE DEADLINES FOR EXPERT DISCLOSURES
Case No. 5:13-CV-003469-HRL
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