Opinion
Matthew F. Miller, Robert J. Nolan, Wallace E. Smith, CARROLL, BURDICK & McDONOUGH LLP, Attorneys at Law San Francisco, California, Attorneys for Plaintiff AMEC Environment & Infrastructure, Inc.
Leo Bautista, LEWIS, BRISBOIS, BISGAARD & SMITH LLP, Attorneys for Defendant Integral Consulting, Inc.
Brendan Brownfield, BURNHAM BROWN, Attorneys for Defendants Edward P. Conti and Matthew Hillyard and David Averill.
NOTICE OF SETTLEMENT AND STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINE AND DISPOSITIVE MOTION DEADLINE TO FINALIZE SETTLEMENT AGREEMENT
SAMUEL CONTI, District Judge.
WHEREAS, on May 6, 2015, the parties agreed to a settlement of this case and a related coverage case pending in the United States District Court for the Western District of Washington;
WHEREAS, the parties are in the process of finalizing a formal settlement agreement, which they expect to be completed within two weeks;
WHEREAS, discovery presently closes on May 29, 2015, and the Court recently ordered AMEC to produce additional documents by May 27, 2015;
WHEREAS, the dispositive motion hearing deadline is presently set for June 26, 2015 requiring such motion to be filed by May 22, 2015.
WHEREAS, to finalize the settlement agreement, the parties have agreed to a mutual stay of all discovery and litigation in this action, and have agreed to continue all document productions and depositions to June 2015;
WHEREAS, the parties have agreed to a 30-day continuance of the discovery deadline and a continuance of the dispositive motion hearing deadline to July 31, 2015 to allow the parties to finalize the terms of the settlement agreement;
WHEREAS, in the event the parties are not able to finalize the formal settlement agreement within two weeks, the parties reserve the right to seek further continuances from the Court of discovery and other scheduled dates if the circumstances require it for good cause.
WHEREAS the parties request that the Court enter an order allowing for a 30-day continuance for the close of discovery to allow the parties to finalize the settlement agreement such that all discovery will close on June 29, 2015;
WHEREAS, the parties request that the dispositive motion hearing deadline presently set for June 26, 2015, be vacated and re-set for July 31, 2015, in accordance with the continuance of the discovery cutoff.
NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record as follows:
The parties stipulate to continue the close of discovery in this case to June 29, 2015 and that the dispositive motion hearing deadline presently set for June 26, 2015, be vacated and re-set for July 31, 2015.
IT IS SO STIPULATED.
I, Robert Nolan, hereby attest that I have the concurrence of the above counsel in the filing of this document.
ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED the close of discovery in this action is continued to June 29, 2015, and that the dispositive motion hearing deadline presently set for June 26, 2015, is vacated and re-set to July 31, 2015 to allow the parties time to finalize the settlement agreement.
IT IS SO ORDERED.