Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-02564-CRB Document 23 Filed 08/21 /2007 Page 1 of 4
1 RICHARD T. BOWLES (# 46234)
KENNETH G. JONES (# 196868)
` 2 BOWLES 8: VERNA LLP
2121 N. California Boulevard, Suite 875
3 Walnut Creek, California 94596
Telephone: (925) 935—3300
4 Facsimile: (925) 935~0371 ·
Email: [email protected]
5 ki ones@bowlesvera. com
6 Attorneys for Plaintiff
WEBCOR CONSTRUCTION, INC.
7 dba WEBCOR BUILDERS
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION
1 0
11 UNITED STATES of AMERICA for the Use and CASE NO.: 3:07··CV~02564—CRB
Benefit of WEBCOR CONSTRUCTION, INC. dba
12 WIEBCOR BUILDERS, and WEBCOR JOINT STATEMENT RE: INITIAL CASE
CONSTRUCTION, INC. dba WEBCOR MANAGEMENT CONFERENCE AND
I3 BUILDERS, PROPOSED DISCOVERY
PLAN/SCEDULING ORDER
14 Plaintiffs, . `
Conference Date: November 9, 2007
15 vs. Time: 8:30 am.
Dept.: Courtroom 8 (19th Floor)
16 DICK/MORGANTI, a joint venture, DICK Judge: Hon. Charles R. Breyer
CORPORATION, THE MORGANTI GROUP,
17 AMERICAN CASUALTY COMPANY OF .
READING, PA, NATIONAL UNION FIRE p
18 INSURANCE COMPANY OF PITTSBURGH, PA,
and DOES 1 through 10, inclusive,
19
Defendants.
20
21 I. INTRODUCTION
22 This case arises out ofthe construction ofthe project commonly referred to as the GSA Federal
23 Building Project located in San Francisco, California (“tl1e Project"). Plaintiff Webcor Construction,
24 Inc. dba Webcor Concrete ("Weboo1") Sled its action on May 15, 2007 against the general contractor
25 for the Project, Dicl 26 National Union Fire Insurance Company.
27 The patties 1'ile this Joint Statement for the purpose of advising the Court that, in light ofthe
28 continued Initial Case Management Conference date of November 9, 2007, tlte pending Motion to Stay
Bowles & "Vema LLP
2121 N.Ca1ifomia site 1
wmgiigsmsgé J STATEMENT RE: INTTIAL CASE MANAGEIVENT CONFERENCE Case No. 3:07-CV—02564»CRB

Case 3:07-cv-02564-CRB Document 23 Filed 08/21 /2007 Page 2 of 4
1 and as existence of additional parties who are not yet before the Court, it would be premature for the
2 parties to file a Qfoint Initial Case Management Conference Statement ("ICMCS") at this juncture.
3 Based on the pending November 9, 2007 Case Management Conference date, the parties believe that .
4 the Joint ICMCS and attendant disclosures and proposed discovery plans should be tiled no later than
5 November 2, 2007.
6 II. STATUS
7 Shortly before responses were due to Webcor’s Complaint, and after the Court has issued its
8 May 15, 2007 Order Setting initial Case Management Conference and ADR Deadlines, the parties
9 entered into a Stipulation extending the time for all defendants to respond to Webcor’s Complaint to C
10 and including September I7, 2007. The Stipulation further stated the parties’ request that the Initial
ll Case Management Conference, previously scheduled for August 24, 2007, be advanced to a date in
12 November 2007. The Stipulation and Order were executed and entered by the Court on June 29, 2007
I3 and the original case management conference date of August 24, 2007 was advanced by the Court to the
l 14 date of November 9, 2007. . `
I 15 Thereafter, on July 20, 2007, the surety defendants filed a Motion to Stay the entire action. That
16 Motion has been fully briefed and is set to be heard on August 24, 2007. Further, on July 27, 2007, the
17 surety defendants tiled a third partypomplaint naming numerous additional subcontractor parties who
C 18 are not yet before this Court. 7
19 In light ofthe above facts, it is the belief ofthe parties that filing the Joint ICMCS and attendant
20 disclosures and proposed discovery plan would be premature at this time. Most sigitlcantly, there is a
21 pending Motion to Stay the entire action and there are numerous parties who have not yet appeared.
22 The undersigning parties believe that it would be more prudent to resolve the pending Motion to Stay
23 and to await the appearance ofthe additional named parties and thereafter die the Joint ICMCS shortly
24 in advance ofthe November 9, 2007 Initial Case Management Conference.
25 //
26 //
27 //
28 //
2i‘§¥’il“é“;t*tlt°’,tl’tl.‘l. 2
Wa,nj;·j,*g€j;j_4596 tonvr smraivrenr nn; INITIAL CASE MANAGELGENT comnaauca Case N0. aacmcv-02564-can

Case 3:07-cv-02564-CRB Document 23 Filed 08/21/2007 Page 3 of 4
I III. CONCLUSION
2 Based on the above, the parties hereto submit to the Court that they will tile a Joint Initial Case
3 Management Conference Statement by no later than November 2, 2007 in advance of the November 9,
4 2007 Initial Case Management Conference.
5 Dated: L Z 7 2007 BOWLES & VERNA LLP
6 /Z/ELL
7 Byr
RICHARD T. BOWLES
3 KENNETH G. JONES
Attorneys for Plaintiff
9 Webcor Construction, Inc.
dba Webcor Builders -
10 . .
11 Dated: August 20, 2007 PECKAR & ABRAMSON, P.C. -
x
’ · YMOND M. B tp IE
14 TIMOTHY E. ELLI TT ‘
RICK W. GRADY
15 Attorneys for Defendant
American Casualty Company of Reading,
I6 Pennsylvania I
17
Dated: August 20, 2007 ‘ PECKAR WABRAMSON, IIC. _,
18 C
/’"” - 9 .»/‘. . A as-
20 RAYMOND M. B ···= z • ‘
TIMOTHY E. ELLIOTT =¤.4__
gl RICK W. GRADY =
Attorneys for Defendant
gg National Union Fire Insurance Company
of Pittsburgh, Pennsylvania
23 _
24
25
26
27
28
Bowles & Verna LLP
2121 N. California Bl 3
w m JOINT STATEMENT RE: INITIAL CASE MANAGENENT CONFERENCE Case Ne. 3 :o7~CV»02564-CRB

Case 3:07-cv-02564-CRB Document 23 Filed 08/21 /2007 Page 4 of 4
I PROOF OF SERViCE
USDC Northern District of California, Case No. C0‘7·2564 CRB .
2
I, the undersigned, declare as follows: I am a citizen ofthe United States, over the age of 18 years, and not a party
3 to, or interested in the within entitled action. I ain an employee of BOWLES & VERNA LLP, and my business address is
2121 N. California Blvd., Suite 875, Walnut Creek, California 94596.
4
` On August 21, 2007, l served the following docurnnt(s):
5
JOINT STATEMENT RE: INITIAL CASE MANAGEMENT CONFERENCE AN D PROPOSEDS DISCOVERY
6 1’LAN/SCHEDULING ORDER
7 on the following parties in this action addressed as follows:
S Attorneys [or Defendants
Raymond M. Buddie
9 PECKAR & ABRAMSON, P.C.
250 Montgomery Street
IO 16th Floor
San Francisco, CA 94104
it rei; 4is.ss7.196s
Fax: 4l5.837.l32() _
I 2
l 3
XXX BY MAIL: I caused each such envelope, with postage thereon fully paid, to be placed in the United States mail at
14 Walnut Creek, California. I am readily familiar with the business practice for collection and processing of mail in
this office. That in the ordinary course of business said document(s) would be deposited with the U.S. Postal
l5 Service in Walnut Creek on that same day. I understand that service shall be presumed invalid upon motion of a
party served if the postal cancellation date or postage meter date on the envelope is more than one day after the
I6 date of deposit for mailing contained on this affidavit.
l7 ____ BY PERSONAL SERVICE: I delivered each such envelope by hand to each party addressee above.
iS BY OVERNIGHT DELIVERY: I caused each envelope, with delivery fees provided for, to be deposited in a
box regularly maintained by UPS/Federal Express. I ain readily familiar with Bowles & Verna's practice for
l9 collection and processing of correspondence for overnight delivery and know that in the ordinary course of
Bowles & Verna‘s business practice the docu.ment(s) described above will be deposited in a box or other facility
20 regularly maintained by UPS/Federal Express or delivered to an authorized courier or driver authorized by
UPS/Federal Express to receive documents on the same date that it is placed at Bowles & Verna for collection.
21
BY FACSIMILE: By use of facsimile machine number (925) 935-0371, I served a copy of the within
22 document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported
as complete and without error. The transmission report was properly issued bythe transmitting facsimile
23 machine.
24 I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct,
and that I am employed in the office of a member ofthe bar of this court at whose direction the service was made.
25 Executed on August 21, 2007, at Walnut Creek, California.
26 ' I
27 DONNA WITPIROW
28
Bowles & Verna l..l..l`-' .
2121 N. California Blvd.
Suite 875
Walnut Creek 94596

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