Opinion
Civil Action 2:18-cv-01182-JCM-EJY
10-13-2022
UNITED STATES OF AMERICA, for the use and benefit of WELLS CARGO, INC., Plaintiff, v. ALPHA ENERGY AND ELECTRIC, INC., a Missouri corporation, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a California corporation, Defendants. ALPHA ENERGY AND ELECTRIC, INC., a Missouri Corporation, Third-Party Plaintiff, v. NORTHCON, INC., an Idaho Corporation; SOUTHWESTERN CONSTRUCTION, INC., a Utah corporation; DOES 1 through 10; and ROE corporations 1 through 10, Third-Party Defendants. AND ALL RELATED CASES.
KRIGEL & KRIGEL STEPHEN J. MOORE, PRO HAC VICE COUNSEL FOR ALPHA ENERGY AND ELECTRIC, INC. PISKEL YAHNE KOVARIK, PLLC NICHOLAS D. KOVARIK, PRO HAC VICE BENJAMIN J. MCDONNELL, PRO HAC VICE COUNSEL FOR NORTHCON, INC. STRONG & HANNI, P.C. MICHAEL D. STANGER, NEV. BAR #8272 COUNSEL FOR SOUTHWESTERN CONSTRUCTION, INC. THE FAUX LAW GROUP JORDAN F. FAUX, NEV. BAR # 12205 2625 N. GREEN VALLEY PARKWAY, #100 COUNSEL FOR AMERICAN CONTRACTORS INDEMNITY COMPANY
KRIGEL & KRIGEL STEPHEN J. MOORE, PRO HAC VICE COUNSEL FOR ALPHA ENERGY AND ELECTRIC, INC.
PISKEL YAHNE KOVARIK, PLLC NICHOLAS D. KOVARIK, PRO HAC VICE BENJAMIN J. MCDONNELL, PRO HAC VICE COUNSEL FOR NORTHCON, INC.
STRONG & HANNI, P.C. MICHAEL D. STANGER, NEV. BAR #8272 COUNSEL FOR SOUTHWESTERN CONSTRUCTION, INC.
THE FAUX LAW GROUP JORDAN F. FAUX, NEV. BAR # 12205 2625 N. GREEN VALLEY PARKWAY, #100 COUNSEL FOR AMERICAN CONTRACTORS INDEMNITY COMPANY
STIPULATION
Alpha Energy and Electric, Inc. (“Alpha”), Northcon, Inc. (“Northcon”), American Contractors Indemnity Company (“ACIC”), and Southwestern Construction, Inc. (“Southwestern Construction”) (collectively “Parties”), by and through their respective counsel, hereby stipulate, agree and request as follows:
1. Southwestern Construction has settled its claims with Northcon. As a result of this settlement, Northcon will prosecute the affirmative claims of Southwestern Construction against Alpha and ACIC at trial as the assignee on those claims.
2. Due to the Court's Order ECF No. 231, the Parties agree that counsel for Southwestern Construction is no longer required for this matter to move forward on all remaining claims and defenses and that Southwestern Construction's counsel of record be excused from further participation.
3. As a result, Northcon is the only party with affirmative claims and will act as Plaintiff, as it carries the burden of proof. Northcon will begin its exhibit numbers at one; Alpha will begin its exhibit numbers at 500; and ACIC will begin its exhibit numbers at 700.
4. The parties agree that all deadlines outlined in the calendar call Order (ECF No. 222) will be due October 26, 2022 and hereby agree to attend the calendar call on October 26, 2022, if the Court would be so inclined to vacate the October 14, 2022 status conference.
ORDER
IT IS SO ORDERED: