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CRAIG L. JUDSON - 114926

SHARON M. NAGLE - 179124

Bold, Polisner, Maddow, Nelson & Judson

A Professional Corporation

500 Ygnacio Valley Road, Suite 325

Walnut Creek, CA 94596

(925) 933-7777 - telephone

(925) 933-7804 - facsimile

Attorneys for Plaintiff NORTHERN

STATES ELECTRIC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NORTHERN STATES ELECTRIC, a

California corporation, and the UNITED

STATES, for the use of NORTHERN

STATES ELECTRIC, a California

Corporation,

Plaintiffs

vs.

PAGE CONSTRUCTION COMPANY, a

California Corporation, ST. PAUL

TRAVELER’S, and DOES 1 through 10,

inclusive.

Defendants

 

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Case No. C08-05171

STIPULATION TO CONTINUE CASE

MANAGEMENT CONFERENCE

Plaintiff Northern States Electric and Defendants Page Construction Company and

St. Paul Traveler’s, by and between their respective counsel, hereby request a continuance of

certain upcoming dates scheduled before the Honorable Charles R. Breyer of the United

States District Court: the January 15, 2010 Case Management Conference; the March 1,

2010 Pre-Trial Conference; and the March 15, 2010 Trial date.

The parties ask for this continuance because they recently attended a mediation in

 BOLD, POLISNER, MADDOW,

 NELSON & JUDSON

 A PROFESSIONAL CORP.

 SUITE 325

 500 YGNACIO VALLEY ROAD

 WALNUT CREEK, CA 94596

 PHONE 925-933-7777

 FAX 925-933-7804

NSE v. Page Construction, et al.

Case No: C08-05171

Page 1

Case 3:08-cv-05171-CRB Document 28 Filed 01/12/10 Page 1 of 2
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this case, at which the parties agreed to pursue an alternative remedy and stay the litigation

before this court. Page has agreed to file an equitable adjustment claim with the United

States Government on behalf of NSE and with the assistance of NSE. 

NSE has forwarded claim documents to Page, which is in the process of reviewing

those documents. The parties hope to have the claim submitted to the United States

Government by February 1, 2010, but do not expect to have a response until approximately

April 15, 2010. In an effort to pursue this alternative remedy, the parties stipulate to

continue the Case Management Conference, Pre-Trial Conference, and Trial Date to a later

date. The parties stipulate to continue the Case Management Conference to April 23, 30, or

May 7, 2010, at which time new Pre-Trial Conference and Trial Dates can be set.

Date: January 5, 2010 BOLD, POLISNER, MADDOW, NELSON, &

JUDSON

By: /s/ 

 Sharon M. Nagle

 Attorneys for Northern States Electric

Date: January 5, 2010 MCINERNEY & DILLON

By: /s/ 

 LeCarie S. Whitfield

Attorneys for Page Construction and

Travelers Casualty and Surety Company

of America

ORDER

PURSUANT TO STIPULATION, the Case Management Conference set for January 15,

2010 is continued to , 2010. The Pre-Trial Conference of March 1,

2010 and Trial Date of March 15, 2010 are hereby vacated.

Dated: , 2009 By: 

United States District Judge

 BOLD, POLISNER, MADDOW,

 NELSON & JUDSON

 A PROFESSIONAL CORP.

 SUITE 325

 500 YGNACIO VALLEY ROAD

 WALNUT CREEK, CA 94596

 PHONE 925-933-7777

 FAX 925-933-7804

NSE v. Page Construction, et al.

Case No: C08-05171

Page 2

April 23, January 8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:08-cv-05171-CRB Document 28 Filed 01/12/10 Page 2 of 2