Fought & Company, Inc. v. Walsh/DeMaria Joint Venture V et al

Filing 12

STIPULATION AND ORDER TO RELATE CASES AND CONTINUE CMC by Judge Paul S. Grewal, granting (59) Motion to Relate Case in case 5:14-cv-03360-PSG. 5:14-cv-05600-HRL related to 5:14-cv-03360-PSG & 5:14-04401-PSG. Signed by Judge Paul S. Grewal on 1/8/2015. (ofr, COURT STAFF) (Filed on 1/8/2015)

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[PROPOSED] ORDER
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The foregoing Stipulation to Relate Cases, by Defendants, Walsh/DeMaria Joint

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Venture V, Walsh Construction Company, The Walsh Group Ltd., DeMaria Building

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Company, Inc., Travelers Casualty and Surety Company of America and Liberty Mutual

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Insurance Company, Plaintiffs, The United States of America, for the use and benefit of J.R.

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Conkey & Associates, Inc. and J.R. Conkey & Associates, Inc. and Plaintiff, The United States

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of America, for the use and benefit of Fought & Company, Inc. Fought & Company, Inc., has

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been submitted to the Court for consideration.
THE COURT, HAVING REVIEWED AND CONSIDERED THE FOREGOING

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N EWMEYER & D ILLION LLP

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STIPULATION, AND GOOD CAUSE APPEARING THEREFOR, HEREBY ORDERS:
(1)

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That the already related cases J.R. Conkey v. Walsh DeMaria Joint Venture V. et

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al. (N.D. Cal.) Case No. 5:14-cv-03360-PSG (“Conkey Action”) and Fought v. Walsh DeMaria

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Joint Venture V. et al. (N.D. Cal.) Case No. 5:14-cv-04401-PSG (“Fought I Action”), including

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related counter-claims and cross-claims, are deemed related to Fought v. Walsh DeMaria Joint

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Venture V. et al. (N.D. Cal.) Case No. 5:14-CV-05600-HRL (“Fought II Action”), pursuant to

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L.R. 3-12 because the actions concern substantially the same parties, property, transaction or

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event and it appears likely that there will be an unduly burdensome duplication of labor and

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expense or conflicting results if the cases are conducted before different Judges;
(2)

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pursuant to L.R. 3-12 (f)(3).
(3)

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That the Clerk reassign the Fought II Action to Magistrate Judge Paul S. Grewal

That Fought is ordered to attend the court ordered mediation in the Conkey Action

for the Fought I and Fought II Actions, which is to take place before February 17, 2015; and
(4)

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That the January 20, 2015 CMC and related deadlines, including the Joint Case

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Management Statement, Rule 26(f) Report and Initial Disclosures for the Conkey and Fought I

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Actions, are continued to the initial CMC and related deadlines that will be set for the Fought II

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Action.

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5010967.1

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CASE NO. 5:14-cv-03360-PSG
STIPULATION TO RELATE CASES AND
CONTINUE CMC/PROPOSED ORDER
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1/8/2015

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