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Date: 06-06-2018

Case Style:

Kiewit Power Constructors Co. v. City of Los Angeles

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Case Number: 2:16-cv-02590-AB-GJS

Judge: Andre Birotte, Jr.

Court: United States District Court for the Central District of California (Los Angeles County)

Plaintiff's Attorney: David McPherson, Eric Liberman, Rebecca Glos, Shelly Ewald, Heather Srangle-Smith

Defendant's Attorney: Gregory R. Aker, Timothy A. Colvig, David J. Hyndman, J. Todd Wulfsberg, Eric H. Rosenblatt and Harold James Wulfsberg

Description: Los Angeles, CA - Kiewit Power Constructors Co. sued the City of Los Angeles on a breach of construction contract theory.

The City counterclaimed.

The Plaintiff was hired by the Los Angeles Department of Water and Power to modernize a Playa del Rey power plant, according to attorneys on both sides of the dispute.

Plaintiff claimed it had incurred extra costs because of delays caused by the DWP and one of its contractors.

05/08/2018 238 MINUTES OF Jury Trial - 1 Day held before Judge Andre Birotte Jr: Jury impaneled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 5/9/2018 01:30 PM. Outside of the presence of the jury, the Court and counsel confer re LADWPS Emergency Motion in Limine to Exclude Report and Testimony of Larry R Dysert (Dkt. No. 233). For the reasons stated on the record, the Court GRANTS the motion. The Court instructs the jury with the Opening Jury Instructions. before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/ Patiricia Cuneo. (yl) (Entered: 05/10/2018)
05/08/2018 239 OPENING JURY INSTRUCTIONS (Given) by Judge Andre Birotte Jr. (gk) (Entered: 05/10/2018)
05/09/2018 240 MINUTES OF Jury Trial - 2nd Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Court instructs jury. Jury Trial continued to 5/10/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/11/2018)
05/10/2018 241 MINUTES OF Jury Trial - 3rd Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 5/14/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/11/2018)
05/14/2018 242 MINUTES OF Jury Trial - 4th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 5/15/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/15/2018)
05/15/2018 243 MINUTES OF Jury Trial - 5th Day Held and Continued before Judge Andre Birotte Jr: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 5/21/2018 at 9:30 AM., for further trial/further jury deliberation. Court Reporter: Chia Mei Jui/Patricia Cuneo. (jp) (Entered: 05/16/2018)
05/17/2018 244 (IN CHAMBERS) ORDER TAKING LADWP'S MOTION FOR RECONSIDERATION, MOTION TO AMEND JUDGMENT, AND MOTION FOR RELIEF FROM JUDGMENT (DKT. 219 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on May 18, 2018, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 05/17/2018)
05/21/2018 246 MINUTES OF Jury Trial - 6th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Jury Trial continued to 5/22/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/23/2018)
05/22/2018 245 ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION by Judge Andre Birotte Jr.: Defendant the City of Los Angeles, acting through the Department of Water and Power ("LADWP") has failed to raise grounds for reconsidering the Court's summary judgment order. The Court DENIES LADWP's Motion for Reconsideration 219 . (gk) (Entered: 05/22/2018)
05/22/2018 247 MINUTES OF Jury Trial - 7th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 5/23/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/23/2018)
05/23/2018 250 MINUTES OF Jury Trial - 8th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 5/24/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/24/2018)
05/24/2018 248 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Evidence of Estimated or Anticipated Repair Costs filed by Plaintiff Kiewit Power Constructors Co.(a Delaware corporation). Motion set for hearing on 5/25/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order)(Ewald, Shelly) (Entered: 05/24/2018)
05/24/2018 249 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Denying LADWP's First and Second Claims for Relief filed by Plaintiff Kiewit Power Constructors Co.(a Delaware corporation). Motion set for hearing on 5/25/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Ewald, Shelly) (Entered: 05/24/2018)
05/24/2018 251 MINUTES OF Jury Trial - 9th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 5/29/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/25/2018)
05/28/2018 252 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) filed by Defendant, Counterclaimant, and Third-Party Plaintiff City of Los Angeles(acting by and through the Department of Water and Power), City of Los Angeles, City of Los Angeles. (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF LADWPS MOTION FOR JUDGMENT AS A MATTER OF LAW [FRCP 50(a)], # 2 Proposed Order ON LADWPS MOTION FOR JUDGMENT AS A MATTER OF LAW [FRCP 50(a)]) (Wulfsberg, Harold) (Entered: 05/28/2018)
05/29/2018 253 OPPOSITION TO KIEWITS MOTION FOR JUDGMENT AS A MATTER OF LAW re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Denying LADWP's First and Second Claims for Relief 249 filed by Third Party Plaintiffs City of Los Angeles, City of Los Angeles, Defendant City of Los Angeles, Counter Claimants City of Los Angeles, City of Los Angeles. (Wulfsberg, Harold) (Entered: 05/29/2018)
05/29/2018 254 OBJECTIONS TO PROPOSED CLOSING JURY INSTRUCTIONS filed by ThirdParty Plaintiff City of Los Angeles, Defendant City of Los Angeles, Counter Claimant City of Los Angeles. (Wulfsberg, Harold) (Entered: 05/29/2018)
05/29/2018 257 MINUTES OF Jury Trial - 10th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Outside of the presence of the Jury, the Court and counsel confer regarding Kiewet Power Constructors, Co's Motion in Limine to Exclude Evidence of Anticipated Or Estimated Repair Costs 248 and Kiewet Power Constructors, Co's Motion for Judgment as a Matter of Law as to City of Los Angeles' First and Second Claims for Relief 249 . For the reasons stated on the record, the Court DENIES the motions. Jury Trial continued to 5/30/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/30/2018)
05/30/2018 255 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony of Sudhir Daru filed by plaintiff Kiewit Power Constructors Co.(a Delaware corporation). Motion set for hearing on 5/30/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order)(Ewald, Shelly) (Entered: 05/30/2018)
05/30/2018 256 Opposition re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) 252 filed by Counter Defendant Kiewit Power Constructors Co.. (Ewald, Shelly) (Entered: 05/30/2018)
05/30/2018 258 MINUTES OF Jury Trial - 11th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Outside of the presence of the jury, Court and counsel regarding the Closing Jury Instructions and Plaintiff's Motion in Limine to Exclude the Expert Testimony of Sudhir Daru 255 . For the reasons stated on the record, the Court DENIES the motion. Jury Trial continued to 5/31/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 05/31/2018)
05/30/2018 259 AMENDED MINUTES OF Jury Trial - 11th Day 258 held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Defendant(s) rest. Outside of the presence of the jury, Court and counsel regarding the Closing Jury Instructions and Plaintiff's Motion in Limine to Exclude the Expert Testimony of Sudhir Daru 255 . For the reasons stated on the record, the Court DENIES the motion. Jury Trial continued to 5/31/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 06/03/2018)
05/31/2018 260 MINUTES OF Jury Trial - 12th Day held before Judge Andre Birotte Jr.: Witnesses called, sworn and testified. Exhibits identified and admitted. Closing arguments made. Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. The Court instructs the jury with the Closing Jury Instructions. Outside of the presence of the jury, the Court and counsel confer regarding LADWP'S Motion for Judgment as a Matter of Law 252 . For the reasons stated on the record, the Court DENIES the motion in part and takes Under Submission the motion as it relates to Plaintiff's claim under California Public Contract Code Section 7107. Jury Trial continued to 6/4/2018 09:30 AM before Judge Andre Birotte Jr. Court Reporter: Chia Mei Jui/Patricia Cuneo. (gk) (Entered: 06/03/2018)
05/31/2018 261 CLOSING JURY INSTRUCTIONS (Given) by Judge Andre Birotte Jr. (gk) (Entered: 06/03/2018)
06/03/2018 262 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) 252 AND IN SUPPORT OF MOTION FOR JUDGMENT RE KIEWITS PUBLIC CONTRACT CODE SECTION 7107 CLAIM filed by Defendant City of Los Angeles, Counter Claimants City of Los Angeles, City of Los Angeles. (Wulfsberg, Harold) (Entered: 06/03/2018)
06/04/2018 263 OPPOSITION to NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) 252 filed by Counter Defendant Kiewit Power Constructors Co.. (Attachments: # 1 Declaration Declaration of Rebecca Glos, # 2 Exhibit A)(Ewald, Shelly) (Entered: 06/04/2018)
06/04/2018 264 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP 50(a) 252 IN SUPPORT OF MOTION FOR JUDGMENT RE KIEWITS PUBLIC CONTRACT CODE SECTION 7107 CLAIM filed by Defendant City of Los Angeles, Counter Claimants City of Los Angeles, City of Los Angeles. (Wulfsberg, Harold) (Entered: 06/04/2018)
06/04/2018 265 MINUTES OF Jury Trial - 13th Day held and completed before Judge Andre Birotte Jr.: Jury resumes deliberations. Jury Verdict in favor of Plaintiff Kiewet Power Constructions Co., Counter-Claimant City of Los Angeeles is read and filed. Jury polled. Filed Witness & Exhibit Lists. Filed jury notes. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. Jury Note No. 1 is received and discussed on the record outside of the presence of the jury. The Court provides the jury with the documents requested. Jury Note. No. 2 is received indicating that the jury has reached a Verdict. Verdict is read and placed on the record. Counsel shall submit their Proposed Judgments within 30 days. Court Reporter: Chia Mei Jui/Patricia Cuneo/Cindy Nirenberg. (gk) (Entered: 06/06/2018)
06/04/2018 266 LIST OF EXHIBITS AND WITNESSES at trial. (gk) (Entered: 06/06/2018)
06/04/2018 267 REDACTED SPECIAL VERDICT FORM. (gk) Modified on 6/6/2018 (gk). (Entered: 06/06/2018)
06/04/2018 269 UNREDACTED SPECIAL VERDICT FORM Re: Redacted Special Verdict Form 267 . (gk) (Entered: 06/06/2018)
06/04/2018 270 REDACTED Jury Note Number 1 filed. (gk) (Entered: 06/06/2018)
06/04/2018 271 UNREDACTED Jury Note Number 1 filed Re: Redacted Jury Note 270 . (gk) (Entered: 06/06/2018)
06/04/2018 272 REDACTED Jury Note Number 2 filed. (gk) (Entered: 06/06/2018)
06/04/2018 273 UNREDACTED Jury Note Number 2 filed Re: Redacted Jury Note 272 . (gk) (Entered: 06/06/2018)
06/04/2018 274 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on the joint exhibits list are returned to counsel for respective party(ies). (gk) (Entered: 06/06/2018)

Outcome: Plaintiff's verdict for $45 million.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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