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United States v. Dick/Morganti/Nibbi

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA-SAN FRANCISCO DIVISION


February 10, 2009

UNITED STATES, FOR THE USE OF ROOFING CONSTRUCTORS, INC., A CALIFORNIA CORPORATION, DOING BUSINESS AS WESTERN ROOFING SERVICE, PLAINTIFFS,
v.
DICK/MORGANTI/NIBBI, A JOINT VENTURE; DICK CORPORATION; MORGANTI TEXAS, INC., NIBBI BROS., INC.; AMERICAN CASUALTY COMPANY OF READING, PA, CONTINENTAL CASUALTY COMPANY; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, DEFENDANTS.

The opinion of the court was delivered by: James Larson Chief Magistrate Judge

STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING CASE SCHEDULE, CASE MANAGEMENT CONFERENCE AND ADR DEADLINES AND RELATED COUNTER-CLAIM

The parties, Plaintiff Roofing Constructors, Inc., a California Corporation, doing business as Western Roofing Service, on the one hand, and Defendants Dick/Morganti/Nibbi, a Joint Venture; Dick Corporation; Morganti Texas, Inc.; Nibbi Bros., Inc., on the other, hereby stipulate and agree as follows:

This case arises out of the construction of the San Francisco Federal Building. Since the complaint was filed, the parties have endeavored to resolve the issues between them arising out of the Project and these discussions continue. The parties have, on three previous occasions, agreed by stipulated order to postpone the various case management deadlines so that the parties could conduct a review and investigation of the issues in an effort to resolve their dispute without burdening the court. That investigation, however, has taken longer than anticipated and remains ongoing. Accordingly, the parties desire to further continue the various case management deadlines that have been established by another 45 days. In particular, the parties stipulate and agree that the following case schedule should be established: Ø Last day for defendants to file amended counterclaim without leave of Court: March 2, 2009. Ø Deadline for plaintiff's response to counterclaim: March 23, 2009. Ø Last day to meet and confer re initial disclosure, early settlement, ADR process selection, and discovery plan and to file joint ADR certification with stipulation to ADR process or notice of need for ADR phone conference: March 23, 2009. Ø Last day to file Rule 26(f) report, complete initial disclosures or state objection in Rule 26(f) report and file case management statement per Standing Order re Contents of Joint Case Management Statement: March 30, 2009. Ø Initial Case Management Conference: On or about April 8, 2009, on a date to be set by the Court.

Dated: January 15, 2009

PAUL S. ROSENSTEIN 55 Santa Clara Avenue, Suite 18 Oakland, CA 94610-1375 Tel. 510-465-5782 Fax 510-452-4881

By: Paul S. Rosenstein Attorney for Use Plaintiff ROOFING CONSTRUCTORS, INC., dba WESTERN ROOFING SERVICE

Dated: January 15, 2009

HOWREY LLP 525 Market Street, Suite 3600 San Francisco, CA 94105 Tel. 415.848.4900 Fax 415.848.4999

By: John Foust Attorneys for Defendants DICK/MORGANTI, DICK CORPORATION, THE MORGANTI GROUP

ORDER

The Court, having reviewed the foregoing stipulation, and good cause appearing for the time extensions reflected therein, hereby approves the revisions to the case management deadlines and sets the initial case management conference (previously scheduled for February 25, 2009) for 2009, in Courtroom F, 15th Floor, San Francisco at _______________.

IT IS SO ORDERED.

20090210

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