Penn Air Control Inc v. Bilbro Construction Company, Inc. et al

Filing 41

ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA RE: 40 . Signed by Judge Nathanael Cousins on 12/30/2015. (lmh, COURT STAFF) (Filed on 12/30/2015)

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PETER D. LEPISCOPO, ESQ. C.S.B. #139583
BILL MORROW, ESQ. C.S.B. #140772
JAMES M. GRIFFITHS, ESQ. C.S.B. # 228467
LEPISCOPO & ASSOCIATES LAW FIRM
3511 Camino del Rio South, Suite 101
San Diego, California 92108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaim Plaintiff, BILBRO CONSTRUCTION
COMPANY, INC., and Defendant, INTERNATIONAL FIDELITY INSURANCE
COMPANY

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LEPISCOPO & ASSOCIATES LAW FIRM

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVSION
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Plaintiff,
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v.
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BILBRO CONSTRUCTION COMPANY, )
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INC. and INTERNATIONAL FIDELITY
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INSURANCE COMPANY,
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Defendants.
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______________________________________ )
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AND RELATED COUNTERCLAIMS.
UNITED STATES OF AMERICA for the
Use and Benefit of PENN AIR CONTROL,
INC.,

Case No. 15-CV-03327-NC
STIPULATION RE: TRANSFERRING
CASE TO THE UNITED STATES
DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF
CALIFORNIA; ORDER THEREON

COURTROOM: 7
JUDGE: HON. NATHANAEL COUSINS
TRIAL DATE: None Set

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IT IS HEREBY STIPULATED by and between plaintiff and counterclaim defendant

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PENN AIR CONTROL, INC. (“Penn”), defendant and counterclaim plaintiff BILBRO

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CONSTRUCTION COMPANY, INC. (“Bilbro”), defendant INTERNATIONAL FIDELITY

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INSURANCE COMPANY (“IFIC”), and counterclaim defendant ALPHA MECHANICAL, INC.
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(“Alpha”) (collectively the “Parties”), by and through their undersigned counsel of record,
pursuant to 28 United States Code (“U.S.C.”) §§ 1404 and 1406 as follows:

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STIPULATION RE: TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF CALIFORNIA; ORDER THEREON

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1.

Pursuant to 28 U.S.C. §§ 1404 and 1406, the Parties agree that the Southern District

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of California, located in San Diego County, is the venue most convenient for all parties, witnesses,

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and legal counsel to prosecute this action;

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2.

Pursuant to 28 U.S.C. §§ 1404 and 1406, the Parties hereby agree and request the

Court to transfer this entire action to the United States District Court for the Southern District of
California (San Diego County);

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3.

The Parties agree that the requested transfer shall not be asserted by any party to

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LEPISCOPO & ASSOCIATES LAW FIRM

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this Stipulation to be a bar or other defense to claims and/or defenses already asserted or to be
asserted in the future in this Action;
4.

The Parties agree that Alpha shall file its answer and counterclaims in the U.S.

District for the Southern District of California within twenty (20) days after the Parties receive
notice that said court has received transfer of the entire case from this Court; and

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5.

The Parties hereby agree and request the Court to vacate, without prejudice, all

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motion and hearing dates presently pending in this matter.
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IT IS SO STIPULATED by the Parties.

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Dated: December 30, 2015.

LEPISCOPO & ASSOCIATES LAW FIRM

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By: ___________________________________
Peter D. Lepiscopo, Esq.,
Attorneys for Defendant and Counterclaim
Plaintiff, BILBRO CONSTRUCTION
COMPANY, INC., and Defendant,
INTERNATIONAL FIDELITY
INSURANCE COMPANY

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STIPULATION RE: TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF CALIFORNIA; ORDER THEREON

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December 30, 2015

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