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United States of America for Use and Benefit of Harold E. Nutter, Inc. v. Korte Construction Co.

United States District Court, Ninth Circuit

May 10, 2013

THE UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF HAROLD E. NUTTER, INC., dba HAROLD E. NUTTER & SON, INC., a California corporation, Plaintiff,
v.
KORTE CONSTRUCTION COMPANY, dba THE KORTE CO., a Missouri corporation; and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Defendants.

HANSON BRIDGETT LLP, SEAN-THOMAS P. THOMPSON, SBN 210529, JOHN W. KLOTSCHE, SBN 257992, Sacramento, California, Attorneys for Plaintiff HAROLD E. NUTTER, INC., dba HAROLD E. NUTTER & SON, INC.

GREENSFELDER, HEMKER & GALE, P.C., MARY ANN L. WYMORE, MICHAEL E. WILSON, Attorneys for Defendants Korte Construction, Company dba The Korte Co. and Travelers, Casualty And Surety Company of America.

JOINT STIPULATION AND ORDER TO STAY CASE PENDING MEDIATION

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED by and between Harold E. Nutter, Inc. dba Harold E. Nutter & Son, Inc. ("Nutter"), Korte Construction Company dba The Korte Co. ("Korte") and Travelers Casualty And Surety Company of America ("Travelers"), through their counsel of record, as follows:

1. In an effort to try and reach an early resolution of this action, Nutter, Korte and Travelers agree that Nutter's claims should be mediated before Donald L. Sullivan. The mediation shall involve counsel and representatives for Nutter and Korte, respectively, and is scheduled for June 12, 2013.

2. Therefore, in order to preserve judicial economy, as well as to prevent any unnecessary discovery and litigation costs to Nutter, Korte and Travelers, the parties have agreed, subject to court approval, that all proceedings be stayed pending completion of mediation, including the hearing on Korte's Motion to Dismiss currently set for June 6, 2013, and all related deadlines.

3. Within fourteen (14) days after completion of mediation, the parties will update the Court, in writing, on the outcome of the mediation. If the parties have not reached a settlement at that time, the stay will no longer be in effect and the Court shall reschedule the hearing on Korte's Motion to Dismiss, and all related deadlines.

ORDER

All proceedings in this case, including the June 6, 2013 hearing on Korte Construction Company dba The Korte Co.'s ("Korte") Motion to Dismiss and related deadlines, are stayed pending completion of the mediation currently scheduled for June 12, 2013 before Donald L. Sullivan.

Within fourteen (14) days after the completion of mediation, the parties will update the Court, in writing, on the outcome of mediation. If the parties have not reached a settlement at that time, the stay will no longer be in effect and the Court shall reschedule the hearing on Korte's Motion to Dismiss, and all related deadlines.


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