Opinion
WENDEL, ROSEN, BLACK & DEAN, LLP, GARRET D. MURAI, JENNIFER P. TANG, Attorneys for Plaintiff and Real Party in Interest Lozano Construction.
FINCH, THORNTON & BAIRD, LLP, DAVID S. DEMIAN, CHRISTOPHER R. SILLARI, Attorneys for Defendants Crew MW II, LP and Western Surety Company.
STIPULATION AND ORDER FOR FURTHER EXTENSION OF WESTERN SURETY COMPANY AND CREW MW II, LP'S DEADLINE TO RESPOND TO THE COMPLAINT
TROY L. NUNLEY, District Judge.
Plaintiff and Real Party in Interest Lozano Construction and Defendants Crew MW II, LP and Western Surety Company, by and through their respective attorneys of record, stipulate and agree as follows:
1. Lozano filed this action in the above referenced Court on May 28, 2015, alleging, among other claims, the right to recover unpaid sums under a Miller Act Payment Bond, relating to Lozano's construction services on a federal project known as the Simplified Acquisition of Base Engineer Requirements, located at the Travis Air Force Base in Fairfield, California;
2. Lozano was a subcontractor to Crew MW, the prime contractor on the project, and Western was Crew MW's surety;
3. Counsel for Crew MW and Western are engaging in direct discussions with counsel for Lozano and are exploring whether a settlement can be reached;
4. On June 23, 2015, the parties stipulated and agreed, pursuant to Civil Local Rule 144(a), to extend the deadline for Crew MW and Western to respond to Lozano's complaint to July 17, 2015. The June 23, 2015 stipulation was the first extension of time granted to Crew MW and Western; and
5. In light of the parties' direct discussions and efforts to reach a settlement, the parties further stipulate and agree, pursuant to Civil Local Rule 144(a), to extend the deadline for Crew MW and Western to respond to Lozano's complaint to August 14, 2015.
IT IS SO STIPULATED.
Respectfully submitted.
ORDER
The foregoing Stipulation for Further Extension of Western Surety Company and Crew MW, LP's Deadline to Respond to the Complaint has been submitted to the Court for consideration.
THE COURT, HAVING REVIEWED AND CONSIDERED THE FOREGOING STIPULATION, AND FOR GOOD CAUSE SHOWN, HEREBY ORDERS:
(1) Crew MW II, LP and Western Surety Company's deadline to respond to Lozano Construction's complaint is August 14, 2015.
IT IS SO ORDERED.