Filed: Oct. 06, 2017
Latest Update: Oct. 06, 2017
Summary: STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS CAM FERENBACH , Magistrate Judge . Plaintiff MACO CONSTRUCTION SERVICES, INC. ("MACO") and Defendants PENICK NORDIC JV ("PNJV") and WESTERN SURETY COMPANY ("Western") hereby stipulate, by and through their respective attorneys of record, as follows: 1. MACO filed this action on August 11, 2017, alleging breach of contract, recovery on Miller Act payment bond, and related claims against Penick and Western.
Summary: STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS CAM FERENBACH , Magistrate Judge . Plaintiff MACO CONSTRUCTION SERVICES, INC. ("MACO") and Defendants PENICK NORDIC JV ("PNJV") and WESTERN SURETY COMPANY ("Western") hereby stipulate, by and through their respective attorneys of record, as follows: 1. MACO filed this action on August 11, 2017, alleging breach of contract, recovery on Miller Act payment bond, and related claims against Penick and Western. 2..
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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS
CAM FERENBACH, Magistrate Judge.
Plaintiff MACO CONSTRUCTION SERVICES, INC. ("MACO") and Defendants PENICK NORDIC JV ("PNJV") and WESTERN SURETY COMPANY ("Western") hereby stipulate, by and through their respective attorneys of record, as follows:
1. MACO filed this action on August 11, 2017, alleging breach of contract, recovery on Miller Act payment bond, and related claims against Penick and Western.
2. PNJV and Western have requested an extension of their responsive pleading deadlines as a professional courtesy.
3. Based on the foregoing, the parties have agreed to extend PNJV and Western's time to respond to the Complaint to September 22, 2017.
SO STIPULATED.
DATED: September 21, 2017 Respectfully submitted,
THE LAW OFFICE OF HAYES &
WELSH
By: /s/Martin L. Welsh
MARTIN L. WELSH
Attorneys for Defendants T.B. Penick &
Sons, Inc. and Western Surety Company
Email: mwelsh@lvlaw.com
DATED: September 21, 2017 Respectfully submitted,
FINCH, THORNTON & BAIRD, LLP
By: /s/David W. Smiley
DAVID W. SMILEY
Attorneys for Plaintiff United States of
America for the use and benefit of MACO
Construction Services, Inc. and MACO
Construction Services, Inc.
Email: dsmiley@ftblaw.com
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS
The parties' stipulation for an extension is granted.
It is therefore ORDERED that defendants' deadline to answer plaintiff's complaint is extended up to and including September 22, 2017.
IT IS SO ORDERED.
I, Stacy M. Torres, declare that:
I am over the age of eighteen years and not a party to the action; I am employed in the County of San Diego, California, where the mailing occurred; and my business address is 4747 Executive Drive, Suite 700, San Diego, California 92121-3107. I further declare that I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service pursuant to which practice the correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I caused to be served the following document(s): (1) STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS; and (2) ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS, by placing a copy thereof in a separate envelope for each addressee listed as follows:
Martin L. Welsh, Esq. ATTORNEY FOR DEFENDANTS
The Law Office of Hayes & Welsh T.B. PENICK & SONS, INC. AND
199 N. Arroyo Grande Blvd., Suite 200 WESTERN SURETY COMPANY
Henderson, Nevada 89074
Telephone: (702) 434-3444
Facsimile: (702) 434-3739
Email: mwelsh@lvlaw.com
I then sealed the envelope(s) and, with the postage thereon fully prepaid, either deposited it/each in the United States Postal Service or placed it/each for collection and mailing on September 21, 2017, at San Diego, California, following ordinary business practices.
I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct.
Executed on September 21, 2017.
Stacy M. Torres
