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16514482.1

Case No. 16-CV-6994-TSH

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Stephen R. Jaffe (SBN 49539)

THE JAFFE LAW FIRM

Stephen.r.jaffe@jaffetriallaw.com

101 California Street, Suite 2170

San Francisco, CA 94111

Telephone: (415) 618-0100

Attorneys for Relator 

STEVEN FALLON

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA, ex rel., 

STEVEN FALLON and on behalf of the 

STATE OF CALIFORNIA, ,

Plaintiffs-Relators,

v.

BELL TRANSIT CORPORATION; MCET 

AFFORDABLE TRANSPORTATION; 

FUNCTIONAL FLOORS; MATTHEW 

WAYNE; MIRIAM DELGADILLO; LUCI 

ROGERS; TAMMY WATSON; HAYWARD 

UNIFIED SCHOOL DISTRICT,

Defendants.

Case No. 16-CV-6994-TSH

STIPULATION TO CONTINUANCE OF 

CASE MANAGEMENT CONFERENCE 

AND [PROPOSED] ORDER

Magistrate Judge Thomas S. Hixson

Pursuant to Rules 6-1(b) and 6-2 of the Northern District Civil Local Rules, Relator 

STEVEN FALLON and Defendants HAYWARD UNIFIED SCHOOL DISTRICT, MATTHEW 

WAYNE, TAMI WATSON, and BELL TRANSIT CORPORATION (collectively, the "Parties") 

hereby stipulate as follows:

1. WHEREAS, this case was filed by the Relator on December 6, 2016 (Dkt. No.1).

Pursuant to the federal False Claims Act and the California False Claims Act, the case was filed 

under seal.

2. WHEREAS, on March 16, 2020, the United States and the State of California

having declined to intervene, the seal on the case was lifted and the stipulating Defendants were 

Case 3:16-cv-06994-TSH Document 38 Filed 05/04/20 Page 1 of 6
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16514482.1

-2- Case No. 16-CV-6994-TSH

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

served with the relator’s First Amended Complaint.

3. WHEREAS, on March 16, 2020, the Court issued an Order setting an initial case

management conference ("CMC") for June 18, 2020 at 10:00 AM (Dkt. No. 34).

4. WHEREAS, the Parties have recently met and conferred and have agreed to

attempt to resolve this case, prior to formal litigation, through good faith settlement discussions 

and/or mediation. In order for these efforts to be meaningful and in furtherance of judicial 

economy and efficiency, the Parties further agree that their time and resources should be focused 

on preparing for and engaging in settlement discussions and/or mediation, rather than formal 

litigation at this time.

5. WHEREAS, in addition, the Relator must also formally serve several additional

individual defendants and entity defendants, which will likely require investigation and additional 

time, especially in light of the limitations and difficulties presented by the COVID-19 pandemic 

and related emergency orders. 

6. WHEREAS, in light of the above considerations, the Parties have agreed to

continue the current deadlines for responding to the complaint, the initial case management 

conference, and all other related deadlines, as set forth below. 

7. WHEREAS, no party will be prejudiced by the order sought by this stipulation.

8. WHEREAS, there have been no prior time modifications in this case.

9. WHEREAS, the below-described time modifications will not materially alter the

schedule for this case since there is no trial date or other events or deadlines on calendar, except 

that which are reflected below. 

NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE

PARTIES, SUBJECT TO THE COURT'S APPROVAL, THAT:

A. The deadline for the stipulating Defendants to respond to the First Amended

Complaint is extended by approximately 45-days to July 24, 2020;

B. The initial CMC is continued from June 18, 2020 to September 17, 2020 at 10:00

AM, or to the first available court date thereafter, in Courtroom G, 15th Floor, 450 Golden Gate 

Avenue, San Francisco, California, and shall be attended by lead trial counsel;

Case 3:16-cv-06994-TSH Document 38 Filed 05/04/20 Page 2 of 6
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16514482.1

-3- Case No. 16-CV-6994-TSH

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

C. The Parties must confer pursuant to Rule 26(f) no later than August 27, 2020, or at

least 21 days prior to the new date set for the initial CMC; 

D. The Parties must serve their Rule 26(a)(1) initial disclosures in accordance with

Rule 26(a)(1)(C); 

E. The Parties must submit a joint CMC statement no later than September 10, 2020,

or at least 7 days prior to the new date set for the initial CMC, and shall be in the same format set 

forth in the Order Setting Case Management Conference (Dkt. No. 34);

F. All other related case-management and Rule 26 deadlines not explicitly covered by

this Stipulation, if any, shall also be extended and calculated based on the dates set forth herein; 

IT IS SO STIPULATED.

Dated: 05/04/2020 By:

THE JAFFE LAW FIRM 

 /s/

STEPHEN R. JAFFE

Attorneys for Relator 

STEVEN FALLON

Dated: 05/04/2020 By:

JACOBSON MARKHAM LLP 

 /s/

RICHARD M. JACOBSON (SBN 114520)

JACOBSON MARKHAM LLP

8950 Cal Center Drive, Suite 210

Sacramento, California 95826

Telephone: (916) 854-5969

Email: rmjacobson@jacobsonmarkham.com

Attorneys for Defendants 

HAYWARD UNIFIED SCHOOL DISTRICT, 

MATTHEW WAYNE, and TAMI WATSON

///

///

///

///

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16514482.1

-4- Case No. 16-CV-6994-TSH

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Dated: 05/04/2020 By:

MCNAMARA SMITH LLP 

 /s/

SANJAY BHANDARI (SBN 181920)

MCNAMARA SMITH LLP

655 West Broadway, Suite 1680

San Diego, California 92101

Telephone: (619) 269-0400

Email: sbhandari@mcnamarallp.com

JOHN T. CU (SBN 207402)

KAYLEN KADOTANI (SBN 294114)

HANSON BRIDGETT LLP

425 Market Street, 26th Floor 

San Francisco, California 94105

Telephone: (415) 777-3200

Email: jcu@hansonbridgett.com

 kkadotani@hansonbridgett.com

Attorneys for Defendant 

BELL TRANSIT CORPORATION

* * *

FILER'S ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), regarding signatures, the undersigned hereby attests 

that concurrence in the filing of the document has been obtained from all of the signatories above. 

Dated: 05/04/2020 By: /s/

STEPHEN R. JAFFE

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16514482.1

Case No. 16-CV-6994-TSH

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA, ex rel., 

STEVEN FALLON and on behalf of the 

STATE OF CALIFORNIA, ,

Plaintiffs-Relators,

v.

BELL TRANSIT CORPORATION; MCET 

AFFORDABLE TRANSPORTATION; 

FUNCTIONAL FLOORS; MATTHEW 

WAYNE; MIRIAM DELGADILLO; LUCI 

ROGERS; TAMMY WATSON; HAYWARD 

UNIFIED SCHOOL DISTRICT,

Defendants.

Case No. 16-CV-6994-TSH

[PROPOSED] ORDER CONTINUING CASE 

MANAGEMENT CONFERENCE

Magistrate Judge Thomas S. Hixson

Pursuant to the stipulation entered by the parties and good cause appearing therefor: 

1. The deadline for the stipulating Defendants to respond to the First Amended

Complaint is extended by approximately 45-days to July 24, 2020.

2. The initial CMC is continued from June 18, 2020 to _____________, 2020 at 10:00

AM, in Courtroom G, 15th Floor, 450 Golden Gate Avenue, San Francisco, California, and shall 

be attended by lead trial counsel.

3. The Parties must confer pursuant to Rule 26(f) at least 21 days prior to the new date

set for the initial CMC.

September 17

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16514482.1

-2- Case No. 16-CV-6994-TSH

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

4. The Parties must serve their Rule 26(a)(1) initial disclosures in accordance with

Rule 26(a)(1)(C).

5. The Parties must submit a joint CMC statement at least 7 days prior to the new date

set for the initial CMC, in the same format set forth in the Order Setting Case Management 

Conference (Dkt. No. 34).

6. All other related case-management and Rule 26 deadlines not explicitly covered by

this Order, if any, shall also be extended and calculated based on the dates set forth herein. 

IT IS SO ORDERED. 

Dated: By:

HONORABLE THOMAS S. HIXSON

UNITED STATES MAGISTRATE JUDGE 

5/4/2020

Case 3:16-cv-06994-TSH Document 38 Filed 05/04/20 Page 6 of 6