BKK Joint Defense Group v. Montrose Chemical Corp. of California et al

Filing 35

ORDER by Judge Fernando M. Olguin: Having read and considered the Stipulation and Request for Order Staying Case Pending Final Settlement 31 , and having discussed the parties' request with counsel at the Status Conference held on September 24 , 2015, and having read and considered the Notice and Proposed Order Administratively Closing Case 34 , good cause appearing therefore, the Clerk is directed to place this case on the Court's administrative closure docket, without prejudice to its being transferred to the active docket according to the procedures stated in Paragraph 3 of the Order. (Case Terminated. Made JS-6.) (cw)

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2.

The parties shall submit a joint status report to the Court

2 describing the parties’ efforts associated with the investigation and remediation of
3 the BKK Class I Landfill and settlement every six months, with the first joint status
4 report submitted six months after entry of this Order.
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3.

This matter shall remain on the Court’s administrative closure

6 docket unless and until (1) a final settlement agreement is reached, in which event
7 the parties shall jointly request the dismissal of this action, with prejudice, with
8 each party bearing its own attorneys’ fees and costs, (2) Defendant Montrose
9 Chemical Corporation of California is no longer a member of the BKK Joint
10 Defense Group, and the BKK Joint Defense Group requests that the case be
11 transferred to the active docket, or (3) both parties jointly request that the case be
12 transferred to the active docket for the purpose of allowing further proceeding(s),
13 subject to the Stipulation.
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4.

Nothing in this Order shall be considered a dismissal or

15 disposition of this matter. This Order shall have no jurisdictional effect, and no
16 legal consequence other than to remove this case from the Court’s active docket.
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5.

Nothing in this Order shall affect the right of either party to

18 defend or prosecute any separate action related to the BKK Class I Landfill.
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6.

Except as expressly set forth in the Stipulation, neither party

20 has waived any argument or issue or made an admission of any kind by executing
21 the Stipulation.
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