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Transit Constructors, Lp and B&C Transit, Inc v. Parsons Transportation Group

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 7, 2013

TRANSIT CONSTRUCTORS, LP AND B&C TRANSIT, INC., PLAINTIFF,
v.
PARSONS TRANSPORTATION GROUP, INC., PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, KAREN ANTION CONSULTING, LLC, JUANITA VIGIL, MIKE JOHNSON, MIKE SCANLON, CHARLES HARVEY AND DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANT.

The opinion of the court was delivered by: Hon. Donna M. Ryu

STIPULATION RE: DEFENDANTS PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, MIKE JOHNSON, JUANITA VIGIL, MIKE SCANLON AND CHUCK HARVEY'S ANSWER TO PLAINTIFF'S ORIGINAL COMPLAINT TO BE DEEMED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT; [PROPOSED] ORDER THEREON

WHEREAS,

1. On October 5, 2012, Plaintiffs TRANSIT CONSTRUCTORS, LP and B&C TRANSIT, INC. (collectively "Plaintiffs") commenced this action in the Superior Court of 28 the State of California, County of San Mateo, entitled Transit Constructors, LP and B&C Transit, Inc. v. Parsons Transportation Group, Inc., Peninsula Corridor Joint Powers 2 Board, Karen Antion, Juanita Vigil, Mike Johnson, Mike Scanlon, Charles Harvey and 3

2. On December 4, 2012, Defendants Peninsula Corridor Joint Powers Board, 5 "Defendants") timely filed an Answer to the Complaint in the State Court Action. 7

Action to the United States District Court for the Northern District of California pursuant to 9 28 U.S.C. § 1331, which derives from 42 U.S.C. § 1983 in that Plaintiffs' Complaint 11 alleges a claim based on this federal law. 12

4. On December 21, 2012, Plaintiff filed a First Amended Complaint in this 13 action. The First Amended Complaint added a party, Karen Antion Consulting, LLC. The 14 Complaint, but did not add or delete any claims against Defendants. 16

PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, JUANITA VIGIL, 18 Plaintiffs TRANSIT CONSTRUCTORS, LP and B&C TRANSIT, INC. (hereinafter 20 "Plaintiffs"), by and through their attorneys of record, that Defendants' answer and 21 general denial to Plaintiffs' original Complaint in the State Court Action be deemed their 22 answer and denial to the allegations of the First Amended Complaint herein. 23

The parties respectfully request the Court enter an order pursuant to the parties' 24 stipulation set forth above. 25

6. Alternatively, if the Court does not grant the parties' proposed order upon 26 the above-stipulation, Defendants and Plaintiffs STIPULATE AND AGREE that 27

Defendants shall have a three week extension of time in which to answer or otherwise 28 respond to the First Amended Complaint, from January 7, 2013 up to and including STIPULATION AND [PROPOSED] ORDER 4912503.1 CASE NO. C12 6159 (DMR) Does 1 through 50, Case No. CIV 517205 ("State Court Action"). 4

Karen Antion, Juanita Vigil, Mike Johnson, Mike Scanlon and Charles Harvey (collectively 6

3. On December 5, 2012, Defendants properly removed the State Court 8 28 U.S.C. §§ 1441 and 1446. This Court has original jurisdiction over this action under 10 First Amended Complaint also made a few revisions and additions to the original 15

5. Therefore, IT IS HEREBY STIPULATED by and between Defendants 17

MIKE JOHNSON, MIKE SCANLON and CHARLES HARVEY ("Defendants"), and 19 January 28, 2013. This extension will not alter the date of any event or any deadline 2 already fixed by Court order. 3

IT IS SO STIPULATED. 4

DATED: January 4, 2013 ROGER, JOSEPH, O'DONNELL 5 6 7 By: /s/ Joseph C. McGowna, Jr. Joseph C. McGowan, Jr. 8 9 Attorneys for Plaintiffs TRANSIT CONSTRUCTORS, LP and B&C TRANSIT, 10 INC. 11 IT IS SO STIPULATED. 12 DATED: January 4, 2013 HANSON BRIDGETT LLP 13 14 15 By: /s/ Alexandra V. Atencio 16 Alexandra V. Atencio SBN 227251 17 Attorneys for Defendants 18 PENINSULA CORRIDOR JOINT POWERS BOARD, KAREN ANTION, 19 JUANITA VIGIL, MIKE JOHNSON, MIKE SCANLON and CHARLES HARVEY 20 21 SIGNATURES UNDER LOCAL RULE 5-1(i)(3)

Pursuant to Local Rule 5-1(i)(3) of the United States District Court, Northern 23 District of California, I, Alexandra V. Atencio-the ECF User whose User ID and 24 Password are used in the filing of this document-hereby attest that the concurrence to 25 the filing of this document has been obtained from the other signatory to this document. 26

/s/ Alexandra V. Atencio ALEXANDRA V. ATENCIO

ORDER

The parties having so stipulated, 3

IT IS HEREBY ORDERED, that Defendants PENINSULA CORRIDOR JOINT 4 POWERS BOARD, KAREN ANTION, JUANITA VIGIL, MIKE JOHNSON, MIKE 5 SCANLON and CHARLES HARVEY's ("Defendants") answer and general denial to 6 Plaintiffs' original Complaint in the State Court Action be deemed their answer and denial 7 to the allegations of the First Amended Complaint herein. 8

IT IS SO ORDERED. 9 10

20130107

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