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102471203\V-2

Case No. 17-CV-00224-YGR

STIPULATION AND [PROPOSED] ORDER 

Walt Pennington

State Bar No 214470

Pennington Law Firm

3302 30th Street

San Diego, CA 92104-4535

Telephone: 619 940 6157

Email: wpennington@pennfirm.com

Attorney for Aspic Engineering and Construction 

Company, Petitioner

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO/OAKLAND DIVISION

ASPIC ENGINEERING AND 

CONSTRUCTION COMPANY,

Petitioner,

v.

ECC CENTCOM CONSTRUCTORS, LLC 

AND ECC INTERNATIONAL, LLC,

Respondents.

Case No. 17-CV-00224-YGR

Hon. Yvonne Gonzalez Rogers

PARTIES’ JOINT STIPULATION AND 

[PROPOSED] ORDER EXTENDING 

TIME FOR DEFENDANTS TO FILE 

RESPONSE AND SETTING HEARING

Proposed Hearing Date: March 28, 2017 at 

2:00 p.m.

Original petition filed: December 28, 2016

Removal filed: January 17, 2017

Case 4:17-cv-00224-YGR Document 16 Filed 02/07/17 Page 1 of 4
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102471203\V-2

1 Case No. 17-CV-00224-YGR

STIPULATION AND [PROPOSED] ORDER

TO THE JUDGES AND CLERK OF THE UNITED STATES DISTRICT COURT FOR 

THE NORTHERN DISTRICT OF CALIFORNIA.

Petitioner/Plaintiff, Aspic Engineering and Construction Company (“Petitioner”) and 

Respondents/Defendants, ECC CENTCOM Constructors LLC and ECC International LLC 

(“Respondents”) (collectively, Petitioner and Respondents are referred to herein as “the Parties”). 

The Parties jointly stipulate as follows:

1. This case involves an arbitration award. Petitioner seeks to confirm and correct the 

award; Respondents intend to seek to vacate the award. The parties held an arbitration 

in San Mateo County, California and a partial arbitration award was delivered on 

September 30, 2016 and a final arbitration award was entered on November 14, 2016.

2. Petitioner filed a petition in the Superior Court for San Mateo County, California to 

confirm the arbitration according to California law (“the Petition”).

3. Respondents appeared in the Superior Court on Friday, January 13, 2017 to argue a 

motion. The Parties dispute whether this constituted a general appearance. 

4. Respondents filed a notice of removal on January 17, 2017. 

5. Petitioner contends that Respondents’ response to the Petition is due February 3, 2017. 

Respondents contend that their response is due February 7, 2017. Notwithstanding 

their dispute regarding the proper response deadline, the Parties have jointly agreed and 

hereby stipulate that Respondents shall have until Friday February 10, 2017 to file a 

response to the Petition.

6. Following the filing of the Respondents’ response, the Petition should be ready for 

consideration on the merits. The Parties jointly request that the Petition be heard on 

March 28, 2017 at 2:00 pm, a date that is more than 35 days following the petition 

and response.

Case 4:17-cv-00224-YGR Document 16 Filed 02/07/17 Page 2 of 4
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102471203\V-2

2 Case No. 17-CV-00224-YGR

[PROPOSED] ORDER

7. The Superior Court entered a judgment in this case shortly after the filing of the case, 

before service on Respondents and before Respondents had any opportunity to respond 

or be heard on the merits. The Parties agree that, in conjunction with the consideration 

of the Petition and response, the court shall correct, modify or vacate the judgment that 

was entered in the Superior Court to conform with the decision of this Court.

8. The stipulation and proposed order will not impact any times set by the Court. No trial 

date has been set in this matter. No previous extensions of time have been granted.

IT IS SO STIPULATED. 

Respectfully Submitted,

February 3, 2017

Respectfully Submitted,

February 3, 2017

By: /s/ Walt Pennington

Walt Pennington (#214470)

Pennington Law Firm

3302 30th Street

San Diego, CA 92104-4535

619 940 6157

wpennington@pennfirm.com

Attorney for Aspic Engineering and 

Construction Company, Petitioner

By: /s/ Andrew S. Azarmi

ANDREW S. AZARMI (SBN 241407)

andrew.azarmi@dentons.com

DENTONS US LLP

One Market Plaza

Spear Tower, 24th Floor

San Francisco, California 94105

Telephone: 415.267.4000

Facsimile: 415.267.4198

Attorneys for Defendants ECC CENTCOM 

Constructors, LLC and ECC International, LLC

Case 4:17-cv-00224-YGR Document 16 Filed 02/07/17 Page 3 of 4
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3 Case No. 17-CV-00224-YGR

[PROPOSED] ORDER

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO/OAKLAND DIVISION

ASPIC ENGINEERING AND 

CONSTRUCTION COMPANY,

Petitioner,

v.

ECC CENTCOM CONSTRUCTORS, LLC 

AND ECC INTERNATIONAL, LLC,

Respondents.

Case No. 17-CV-00224-YGR

Hon. Yvonne Gonzalez Rogers

[proposed] ORDER EXTENDING TIME 

FOR DEFENDANTS TO FILE 

RESPONSE AND SETTING HEARING

Proposed Hearing Date: March 28, 2017 at 

2:00 p.m.

Original petition filed: December 28, 2016

Removal filed: January 17, 2017

This Court having considered the joint stipulation of the Parties, 

IT IS HEREBY ORDERED that the hearing on the Petition, and any response, is set on 

March 28, 2017 at 2:00 p.m., to be heard in the courtroom of the Honorable Yvonne Gonzalez 

Rogers, for a consideration of the merits of the Petition. The response to the Petition shall be filed 

on or before February 10, 2017.

IT IF HEREBY FOUND, that the Superior Court entered a judgment in this case shortly 

after the filing of the case and before service on the Defendants, ECC CENTCOM Constructors 

LLC and ECC International LLC. The Defendants did not have an opportunity to respond or be 

heard on the merits.

IT IS FURTHER ORDERED, that in conjunction with the consideration of the Petition 

that the court shall correct, modify or vacate the judgment that was entered in the Superior Court 

to conform with the decision of this Court.

Dated: February ___, 2017 

Honorable Yvonne Gonzalez Rogers

United States District Judge

Case 4:17-cv-00224-YGR Document 16 Filed 02/07/17 Page 4 of 4