1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

BRADLEY ARANT BOULT CUMMINGS LLP 

MICHAEL W. KNAPP (SBN 200422) 

mlmapp@bradley .com 

Hearst Tower 

214 North Tryon Street, Suite 3700 

Charlotte, NC 28202 

Telephone: (704) 338~6004 

Facsimile:. (704) 338~6096. 

PILLSBURY WINTHROP SHAW PITTMAN LLP 

JOHN R. HEISSE (SBN 134964) . 

john.heisse@pillsburylaw.com 

WILLIAMS. HALE (SBN 260414) 

william.hale@pillsburylaw~com 

LAURA C. HURTADO (SBN 267044) 

laura.hurtado@pillsbury law.com 

Four Embarcadero Center, 22nd Floor 

San Francisco, CA 94111-5998 

Telephone: (415) 983:-1000 

Facsimile: (415) 983~1200 

Counsel for Plaintiff KIRLIN BUILDERS, LLC 

Craig E. Guenther, bar No. 126134 

ceguenther@boothmitchel.com 

14 . Booth, Mitchel & Strange LLP 

I 

. 15 

16 

17 

18 

19 

· 701 South Parker Street, Suite 6500 

Orange, CA 92868~4733 

(714) 480"8500 I Fax: (714) 480~8533 

Counsel for Defendant North American 

Specialty Insurance Company 

JJNITED STATES DISTlUCT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

KIRLIN BUILDERS, LLC, f/k/a JOHN J. Case No. 3:17~cv-00608 JST 

20 KIRLIN SPECIAL PROJECTS, LLC, 

21 

22 

23' 

24 

25 

26 

. 27 

I 

28 

Plaintiff, 

v. 

NORTH AMERICAN SPECIALTY 

INSURANCE COMPANY, 

Defendant.· 

AND RELATED CROSS-CLAIM 

, JOINT STIPULATION AND 

[PROPOSED] ORDER TO STAY 

PROCEEDINGS PENDING MEDIATION 

1 ofS 

STIPULATION AND [PROPOSED] ORDER TO STAY 

PROCEEDINGS PENDING MEDIATION 

CASE NO. 3:17~cv·00608 JST 
1 This Stipulation is entered into by and among Plaintiff Kirlin Builders, LLC ("Kirlin") 

2 and Defendant/Cross~PlaintiffNorth American Specialty Insurance Company ("NAS") 

3 (collectively "the Parties''), by and through their respective counsel; 

· 4 WHEREAS, Kirlin. filed a complaint in the above~entitled action in the United States 

5 District Court for the Northern District of California, on February 7, 2017 (the "Complaint':), and 

6 served the Complaint on NASon March 7, 2017 (ECF Nos. 1 and 11); 

7 WHEREAS, on Februru.y 23, 2017, the Clerk continued the due date for the Case 

8 Management Statement from May 5, 2017 to May 15, 2017, and the Initial Case Management 

9 Conference from May 12, 2017 to May 24, 2017 (ECF No. 10); 

10 WHEREAS, NAS filed its answer to the Complaint and cross~claim (the "Cross·Claim")' 

11 against Cross-Defendants, Federal Solutions Group, Inc, d/b/a Federal Construction ("PSG"), 

12 Bara Infoware, Inc. ("Bara"), Selina Singh, & Manjindar P. Singh (the "Singhs") on March 28, 

13 2017 (ECF No. 12); 

14 WHEREAS, on April 21, 2017, the Parties met and conferred regarding the initial 

15 disclosures, early settlement, ADR process selection~ ru.1d the discovery plan; 

16 WHEREAS, on April26, 2017, the Parties filed the Joint Stipulation and [Proposed] 

17 Order Continuing Case Management Conference and Other Pending Deadlines (ECF No. 23) 

18 seeking a twenty~eight (28) day continuance of the Case Management Conference and related 

19 pending deadlinys so as to allow the pru.iicipation of Cross~ Defendants, who had not yet 

20 answered the Cross·Complaint; 

21 WHEREAS, the Court entered the Order Continuing Case Management Conference and 

22 Other Pending Deadlines on April27, 2017 (ECF No. 24); 

23 WHERBASE, NAS successfully performed service on Cross-Defendant Bara, on April 

24 12, 2017 (ECF No. 15), on Cross~Defendant FSG on May 19, 2017 (ECF No. 25), on Cross~ 

25 Defendant Selina Singh on May 231 2017 (ECF No. 26), and on Cross~ Defendant Manjindar P. 

26 Singh on May 23, 2017 (ECF No. 27); 

27 

28 2 of5 

STIPULATION AND [PROPOSED] ORDER TO STAY 

PROCEEDINGS PENDING MEDIATION 

CASE NO.3: 17-cv-00608 JS 
1 WHEREAS, Cross-Defendant Bara's answer to the Ctoss~Claim was due May 3, 2017;. 

2 Cross·Defendant FS'G's answer to the Cross ... Claim is due June 8, 2017; and Cross·Defendants 

3 Singhs' answers to the Cross-Claim are due June 12, 2017; 

4 WHEREAS, none of the Cross-Defendants have answered the Cross~Claim; 

5 WHEREAS, the Case Management Staterpent is currently due by June 7, 2017, and the 

· 6 Case Management Conference is set for June 21, 2017 (ECF No. 24); 

7 WHEREAS, although the Parties have not yet set the .date(s) for the mediation, the 

. 8 Parties have agl'eed upon the private mediator and the Parties anticipate that the mediation shall 

9 be completed not later than August 31, 2017; 

10 W!IEREAS, should the mediation be unsuccessful in achieving resolution of this action, 

'i 1 the Parties shall confer and attempt to agree on a revised proposed Scheduling Order, and shall 

12 seek the Court's approval of a revised schedule either tlu·ough agreement or a scheduling · 

13 conference with the Court; · 

14 WHEREAS, the Parties agree that staying the case pending mediation will permit more 

15 efficient case management, will serve the interests of judicial economy, and will conserve Party 

~ 6 and Court resources; 

17 NOW, THEREFORE, pursuant to Civil Local Rules 6~2(a) and 7·1:2, the Parties hereby 

18 stipulate and agree, tlnough their respective counsel, as follows: 

19 1. The June 7, 2017 deadline to file the Joint Case Management Statement, Rule 

20 26(f) Report, complete initial disclosures, or state objections in Rule 26(f) Report shall be stayed 

21 pending mediation; 

22 2. The June 21, 2017 Case Management Conference, shall be stayed pending 

23 mediation; 

24 

25 

26 

I 27 

28 

3. 

4. 

The mediation shall be completed not later than August 31, 20 17; 

The Parties will notify the Court within ten (1 0) days of completion of the 

mediation, and inform the Court at that time whether further proceedings in this action are 

required; 

3 of5 

STIPULATION AND [PROPOSED] ORDER TO STA 

PROCEEDINGS PENDING MEDIATION 

CASE NO. 3:17-cv-00608 JST 
5. Should the mediation be unsuccessful in achieving resolution of the action 

2 between the Parties, the Parties shall confer and attempt to agree on a revised proposed 

3 Scheduling Order, and shall seek the Court's approval of a revised schedule either thtough 

. 4 agreement or a scheduling conference with the Court by September 10, 2017 

5 IT IS SO STIPULATED. 

6 Dated: 5/30/17 

7 

8 

9 

10 

11· 

12 

13 

14 

15 

16 

17 

18 

19 

20 

. 21 

22 

23 

24 

25 

26 

27 

28 

Dated: 

By:. 

By: 

--~/sLLaura C. Hurtado 

LAURA C. HURTADO 

Counsel for Plaintiff KIRLIN BUILDERS, LLC 

Counsel for Defendant NORTH AMERICAN 

SPECIALTY INSURANCE COMPANY 

4 of5 

STIPULATION AND [PRo"POSED] ORDER TO ST A . 

PROCEEDINGS PENDING MEDIATIO 

CASE NO. 3:17-cv-00608 JS 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

[PROPO.SED] ORDER 

Pursuant to the parties' stipulation and good cause having been shown, it is hereby 

ordered that the Case Management Conference currently set for June 21, 2017, at 2PM and the 

June 7, 2017 deadline, to file the Joint Case Management Statement; Rule 26(±) Report; complet 

initial disclosures; or state objections in ·Rule 26(f) Report are stayed pending further Order of 

this Court. The Parties are hereby directed to complete mediation by August 31, 2017, and to 

notify the Court within ten ( 1 0) days of completion of the mediation, and to inform the Court at 

that time whether further proceedings in this action are required. 

· Should the mediation be unsuccessful in a,chieving resolution of this action between the 

Parties, the Parties shall confer and attempt to agree on a revised proposed Scheduling Order, 

and shall seek the Court's approval of a revise schedule either through agreement or a scheduling 

conference with the Court by September 10, 2017. 

Dated: 

' ' 

THE HONORABLE JON S; TIGAR 

UNITED STATES DISTRICT JUDGE 

5 of5 

STIPULATION AND [PROPOSED] ORDER TO STAY 

PROCEEDINGS PENDING MEDIA T.ION 

CASE NO. 3:17-cv-00608 JST 

May 31, 2017