Free Notice (Other) - District Court of California - California

Case 3:07-cv-05108-JSW

Document 4

Filed 10/11/2007
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Page 1 of 3
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1 Laurence P. Lubka, Esg;; SBN 103752

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LUBKA DARING & MAR, INC. ''' , eCT I ¡ 10: 03

HUT ORTMANN P ALFFY NIEVES

301 North Lake A ~enue, 7th Floor '" ;, i,: ,Í, ,.j L, , . VI d:. U,J G

Pasadena, California 91101-1807",~nn. u.s. DiSTRICT COURT

Phone: (626) 440-5200 Fax: (626) 79~.:ó1tô~()¡;Ti(iCI (;~ Cf.L1fURNIIl

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lubka(ilìuntortan.com ~
Attorneys for Berger Bros., Inc.

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UNITED STATES DISTRICT COURT

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C/

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
CASE NO. C 07 5108 JSW

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z £~~~ 12 UNITED STATES OF AMERICA for

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BERGER BROS., INC., a California Corporation,
the use and benefit of

Plaintiff,
vs.

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NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS (CIVIL LOCAL RULE 3-13(a))

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ventue' DICK CORPORATION, a ¡. i:~~¡f 17 PennsyÎvania cO!poration; THE z ~ ~~ MORGANTI GROUP, INC., a i: 18 Connecticut corporati0E-,i ~ERICAN CASUALTYCOMPA1~Y OF 19 READING, PENNSYLVANIA, a Pe, nnsylvania corporatiop.; NATIONAL 20 UNION FIRE INURA1~CE COMPANY OF PITTSBURG, P A, a
CONTINENTAL CASUALTY 22 COMPANY, an Illinois corporation.
21 Pennsylvania cOrPoration;

~O~~~16 DICK/MORGANTI, a California joint

(Assigned to the Hon. Jeffrey S. White,

Courtroom 2 J

23 Defendants.
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1237721
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C 07 5108 JSW

NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS

Case 3:07-cv-05108-JSW

Document 4

Filed 10/11/2007

Page 2 of 3

1 Per Civil Local Rule 3-13(a), Plaintiff

Berger Bros., Inc. is aware of

three

related

2 cases.

3 The first related case is filed in the United States Distrct Cour, Northern Distrct

4 of California, San Francisco Division and is entitled United States of America for the
5 Use and Benefit of Web

cor Construction, Inc. v. Dick/Morganti, et al., Case No. C-07-

6 2564-CRB. The case was filed by Webcor Constrction, Inc. dba Webcor Builders
7 ("Webcor"), on or about May 15, 2007, for breach of contract, enforcement of a Miller
8 Act payment bond

and quantum meruit. On information and belief, Berger Bros.

9 alleges that the first related case concerns the General Services Admnistration federal

10 building located at the corner of Seventh and Mission Streets in San Francisco and is

~. U11 brought by Webcor, a subcontractor on said project, for failure of the general ;;
Ze: ~ tl:; § 12 contractor, Dick/Morganti, to pay sums due and owing under Webcor's subcontract. :i S~~ ¡: .: ~ ê ~ 13 The case is currently pending before the Honorable Charles R. Breyer, United States ~ ~""''N

~~~~ iiCJ~o' ~ 14 Distrct Judge Presiding. -~- 5-~~ ~ .15 The- second related ease is filed in the United States District. Court; Northern ~ ti ~~o
o ~ ~ ~ l 17 for the Use and Benefit of Bay Area Reinforcing v. Dick/Morganti, et al., Case No. 07-

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20 materials supplied. 22 the corner of

~ ~ g ~ l 16 District of California, San Francisco Division and is entitled United States of America

3 18 3096-JL. The case was filed by Bay Area Reinforcing, on or about June 13,2007, for

19 breach of contract, enforcement of a Miller Act payment bond, and for labor and

On information and belief, Berger Bros., alleges that the second

21 related case concerns the General Services Administration federal building located at

Seventh and Mission Streets in San Francisco and is brought by Bay Area

23 Reinforcing, a subcontractor on said project, for failure of the general contractor,
24 Dick/Morganti, to pay sums due and owing under Bay Area Reinforcing's subcontract.
25 The case is currently pending before the Honorable James Larson, United States

26 District Magistrate Judge Presiding.

27 The third related case is filed in the United States District Court, Northern
28 District of California, San Francisco Division and is entitled United States of America
123772 1

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NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS

C 075108 JSW

Case 3:07-cv-05108-JSW

Document 4

Filed 10/11/2007

Page 3 of 3

1 for the Use and Benefit of Performance Contracting, Inc. v. Dick/Morganti, et al., Case
2 No. C-07 -4180- EDL. The case was filed by Performance Contracting, Inc. on or about

3 August 15, 2007, for breach of contract, enforcement of a Miler Act payment bond and

4 unjust enrchment. On information and belief, Berger Bros., alleges that the second
5 related case concerns the General Services Admnistration federal building located at
6 the corner of Seventh and Mission Streets in San Francisco and is brought by

7 Performance Contracting, a subcontractor on said project, for failure of the general
8 contractor, Dick/organti, to pay sum due and owing under Performance Contracting,
9 Inc.'s subcontract. The case is curently pending before the Honorable Elizabeth D.

10 Laporte, United States Distrct Magistrate Judge Presiding.
~. 11 All of the related cases and the instant case involve the General Services
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e: .3 tl .. § 12 Administration building in San Francisco and are brought by subcontractors who Z ..~o~"' ~ ~ "7 \0

~ -c ~ ê ~ 13 worked on the project. All of the cases involve claims by subcontractors for
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~ ~ ~ ~ ~ 14 nonpayment under their respective subcontracts against the general contractor and the
~. 5 ~..~. ~.. 15 sUfeties-that-previclecl-thepayment bcmd; The cases involve the

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same- subject matter

~ -c;j ~! 16 and substantially all of the same parties.

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o ~:: ~ § 17 Berger Bros., Inc. alleges on information and belief

that consolidated the instant

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~ ~ 18 case with the aforementioned three related cases before Judge Breyer in Case No. C-07-

19 2564-CRB would avoid conflicts, conserve resources, and promote an efficient
20 determnation of the actions.
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22 DATED: OctoberkJ ,2007
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HUNT ORTMANN P ALFFY NIEVES LUBKA DARLING & MAR, INC.

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B~ cz
Attorneys for Berger Bros., Inc.
123772 1

LAURNCÉ P. LUBKA

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NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS

C 075108 JSW