Exxonmobil Oil Corporation, a New York Corporation

Filing 168

Order requiring Plaintiff to file a response to Defendant's renewed Motion in Limine and Motion to Strike Testimony of Joyce Rizzo, signed by District Judge Anthony W. Ishii on 06/03/2014. Responses due by 6/13/2014. (Figueroa, O)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT FOR THE

7
EASTERN DISTRICT OF CALIFORNIA
8
9
10

EXXON MOBIL OIL CORPORATION,
Plaintiff,

11
12
13

1:09-cv-01498-AWI-SAB
ORDER REQUIRING PLAINTIFF TO
FILE A RESPONSE TO
DEFENDANT’S RENEWED MOTION
IN LIMINE AND MOTION TO
STRIKE TESTIMONY OF JOYCE
RIZZO

v.
NICOLETTI OIL, INC., et al.,

14
Defendant.
15
16
17

__________________________________/
On March 14, 2013, Defendant Nicoletti Oil, Inc. (“Nicoletti”) filed a renewed motion in

18 limine and motion to strike, seeking an order striking three areas of Ms. Rizzo’s testimony.
19 Specifically, Nicoletti contends that the Court should strike any testimony regarding: 1) the
20 purported condition of, and potential risk of a future leak of gasoline or diesel product from the
21 piping, dispensing, and storage equipment located on the Dos Palos bulk plant – as irrelevant; 2)
22 the purported evidence of petroleum product releases from ongoing storage and transfer
23 operations at the Dos Palos bulk plant – since Ms. Rizzo admitted (a) that she does not know if
24 an actual release ever occurred and/or (b) she cannot determine whether the release she
25 addressed ever reached the soil or groundwater; and 3) matters previously undisclosed and
26 beyond the scope of Ms. Rizzo’s report. See ECF. No. 148.
27
28
1

1

The day after the filing of the motion in question, the parties advised the Court that they

2 had begun settlement discussions and requested that the trial be suspended pending the outcome
3 of those discussions. See ECF. No. 150. On May 7, 2013, the Court was informed that Nicoletti
4 would file for bankruptcy. See ECF No. 152. As a result, the action was stayed. Several status
5 conferences were held, keeping the Court apprised of the status of the bankruptcy proceedings
6 and the parties’ postures. See ECF No. 155, 163-165. The bankruptcy proceedings no longer
7 require a stay of this action.
8

The bench trial on this action is scheduled to resume on June 17, 2014. Plaintiff is

9 ordered to file a response to Defendant’s motion by June 13, 2014.
10
11
12

IT IS SO ORDERED.

13 Dated: June 3, 2014

SENIOR DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2