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U.S. ex rel. Zugsberger v. T.L. Peterson, Inc., CV-17-2277 KAW. (2018)

Court: District Court, N.D. California Number: infdco20180501808 Visitors: 12
Filed: Apr. 27, 2018
Latest Update: Apr. 27, 2018
Summary: SECOND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER AS MODIFIED KANDIS A. WESTMORE , Magistrate Judge . Pursuant to Rules 6-1, 6-2, and 7-12 of the United States District Court for the Northern District of California, Plaintiff and Relator Matthew Zugsberger ("Plaintiff"), Defendants Galindo Construction Company, Inc., Lisa M. Galindo and Don Ron Galindo ("Galindo Defendants") and Defendant T.L. Peterson ("Peterson") (collectively, "the Parties") hereby stipulate, agree, and re
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SECOND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER AS MODIFIED

Pursuant to Rules 6-1, 6-2, and 7-12 of the United States District Court for the Northern District of California, Plaintiff and Relator Matthew Zugsberger ("Plaintiff"), Defendants Galindo Construction Company, Inc., Lisa M. Galindo and Don Ron Galindo ("Galindo Defendants") and Defendant T.L. Peterson ("Peterson") (collectively, "the Parties") hereby stipulate, agree, and request that the Case Management Conference (CMC) currently set for May 1, 2018 at 1:30 p.m. be moved to May 8, 2018 at 1:30 p.m. or such subsequent time as the Court deems appropriate. The reason for this stipulation is that plaintiff's attorney Peter Prows has become unavailable to attend the Case Management Conference on May 1, 2018, because he has been impaneled on a jury in Alameda County Superior Court. Mr. Prows has been informed that the trial will continue beyond May 1, 2018, but will end later that week, i.e., before May 8, 2018.

This is the second time the parties have stipulated to continue the CMC. Because this case includes a qui tam claim for relief under the False Claims Act, it was initially filed under seal on April 24, 2017. After the seal was lifted, the Court on January 3, 2018, filed an Order Setting Initial Case Management Conference (Docket No. 13) which scheduled this CMC for April 3, 2018. On March 13, 2018, the parties filed a stipulation to continue the CMC from April 3 to May 1, 2018, (Docket No. 35), because plaintiff had filed a second amended complaint on March 9, 2018, (Docket No. 33), adding 13 new claims for relief and several new allegations, and defendants wanted some additional time to respond to the new claims and allegations.

Granting this stipulation and request for a one week continuance of the CMC will have no significant impact on the schedule for this case, especially as no trial date has yet been scheduled.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference is continued to 5/8/18 at 1:30 p.m.

Source:  Leagle

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