Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
AHTNA DESIGN-BUILD, INC., an
Alaska Corporation,
Plaintiff,
vs.
ASPHALT SURFACING, INC., a
California corporation; UNITED FIRE
& CASUALTY COMPANY, Bond
No. 54-197210,
Defendants.
Case Nos. 3:21-cv-00228-JMK
3:22-cv-00219-JMK
Consolidated
ORDER GRANTING JOINT
STIPULATION TO CONSOLIDATE
CASES
UNITED STATES OF AMERICA
FOR THE USE OF ASPHALT
SURFACING, INC., a California
corporation,
Plaintiff,
vs.
AHTNA DESIGN-BUILD, INC., an
Alaska Corporation; GREAT
AMERICAN INSURANCE GROUP,
an Ohio corporation Bond
No. 3348912,
Defendants.
The parties in Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc. et al., Case
No. 3:21-cv-00228-JMK, and United States of America for the Use of Asphalt Surfacing,
Case 3:21-cv-00228-SLG Document 46 Filed 11/28/22 Page 1 of 4

Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc,. et al.; 	Case Nos. 3:21-cv-00228-JMK, 3:22-cv-00219-JMK
United States for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build, Inc. et al.
Order Granting Joint Stipulation to Consolidate 	Page 2
Inc. v. Ahtna Design-Build, Inc. et al., Case No. 3:22-cv-00219-JMK, submitted a joint
stipulation,1 agreeing that (1) the two actions should be consolidated pursuant to Federal
Rule of Civil Procedure 42(a); (2) the Scheduling and Planning Order at Docket 16 in Case
No. 3:21-cv-00228-JMK should be amended; and (3) Ahtna Design-Build’s (“ADB”)
pending Motion to Strike2 is rendered moot by the proposed consolidation and modification
of the Scheduling and Planning Order.
Federal 	Rule 	of 	Civil 	Procedure 	42(a)(2) 	provides 	that 	courts 	may
consolidate actions if they involve a common question of law or fact. District courts enjoy
“substantial discretion in deciding whether and to what extent to consolidate cases.”3
Further, Rule 16(b)(4) states that a Scheduling and Planning Order may be modified for
good cause. 	Here, the Court finds that consolidation is appropriate because both actions
involve an alleged breach of a subcontract entered into between Asphalt Surfacing, Inc.,
and ADB. 	Further, the Court finds that good cause exists to modify the Scheduling and
Planning Order at Docket 16 in Case No. 3:21-cv-00228-JMK to accommodate the
different stages of the two actions and to ensure that discovery is conducted efficiently in
the consolidated action. Accordingly, IT IS HEREBY ORDERED that:
1. 	Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc. et al., Case
No. 3:21-cv-00228-JMK, and United States of America for the Use of Asphalt Surfacing,
1 Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc. et al., Case No. 3:21-cv-00228-JMK,
Docket 45; United States of America for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build,
Inc. et al., Case No. 3:22-cv-00219-JMK, Docket 38.
2 Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc. et al., Case No. 3:21-cv-00228-JMK,
Docket 41.
3 Hall v. Hall, 138 S. Ct. 1118, 1131 (2018).
Case 3:21-cv-00228-SLG Document 46 Filed 11/28/22 Page 2 of 4

Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc,. et al.; 	Case Nos. 3:21-cv-00228-JMK, 3:22-cv-00219-JMK
United States for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build, Inc. et al.
Order Granting Joint Stipulation to Consolidate 	Page 3
Inc. 	v. 	Ahtna 	Design-Build, 	Inc. 	et 	al., 	Case 	No. 	3:22-cv-00219-JMK, 	are
CONSOLIDATED 	FOR 	ALL 	PURPOSES 	pursuant 	to 	Federal 	Rule 	of 	Civil
Procedure 42(a).
2. 	All future filings shall be filed under 3:21-cv-00228-JMK, using the
above caption, unless the Court directs otherwise.
3. 	All parties shall comply with the Scheduling and Planning Order
issued at Docket 16 in Case No. 3:21-cv-00228-JMK. 	For good cause shown, that
Scheduling and Planning Order is modified as follows:
Event 	Modified Deadline
Identification of Expert Witnesses 	November 23, 2022
Supplemental Identification of Experts 	January 8, 2023
Rule 26 Expert Disclosures 	March 13, 2023
Final Discovery Witness List 	April 6, 2023
Close of Fact Discovery 	May 10, 2023
Discovery Motions to be filed by 	14 days before the
close of fact discovery
Motions to Exclude Experts to be filed
by
30 days after the close
of expert discovery
Dispositive Motions to be filed by 	30 days after the close
of fact discovery
4. 	With this consolidation and modification of the Scheduling and
Planning Order, ADB’s Motion to Strike at Docket 41 in Case No. 3:21-cv-00228-JMK is
DENIED AS MOOT.
Case 3:21-cv-00228-SLG Document 46 Filed 11/28/22 Page 3 of 4

Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc,. et al.; 	Case Nos. 3:21-cv-00228-JMK, 3:22-cv-00219-JMK
United States for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build, Inc. et al.
Order Granting Joint Stipulation to Consolidate 	Page 4
IT IS SO ORDERED this 28th day of November, 2022, at Anchorage,
Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
United States District Judge
Case 3:21-cv-00228-SLG Document 46 Filed 11/28/22 Page 4 of 4