Viola Coppola, et al v. Gregory Smith, et al

Filing 65

STIPULATION and ORDER Regarding Filing of Third Amended Complaint: Plaintiffs' shall file 3rd Amended Complaint by 8/22/2012. Defendants shall respond to 3rd Amended Complaint by 9/12/2012. signed by Magistrate Judge Barbara A. McAuliffe on 8/16/2012. (Herman, H)

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Jeff Coyner, SBN 233499
[e-mail]
Attorneys for Plaintiffs VIOLA COPPOLA, GARY COPPOLA,
and THE TRUST OF ANTHONY M. COPPOLA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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VIOLA COPPOLA, GARY COPPOLA, and
THE TRUST OF ANTHONY M. COPPOLA;
Plaintiffs,

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Case No.: 1:11-CV-01257-AWI-BAM
STIPULATION AND ORDER
REGARDING FILING OF THIRD
AMENDED COMPLAINT

v.
GREGORY SMITH, an individual; RICHARD
LASTER, an individual; and THE JANE
HIGGINS NASH TRUST; JANE NASH AS
EXECUTOR OF THE ESTATE OF DECATUR
HIGGINS, HARLEY MILLER, an individual;
CHERYL MILLER, an individual; MARTIN
AND MARTIN PROPERTIES, BENART
MAIN STREET PROPERTIES, CAL WATER
SERVICE COMPANY, the CITY OF VISALIA
and DOES 7-20, inclusive;
Defendants.

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RELATED CROSS AND COUNTER-CLAIMS

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IT IS HEREBY STIPULATED by and between all parties, other than Martin and Martin

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Properties (“Martin”), that Plaintiffs shall be allowed to file a Third Amended Complaint. Martin has

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entered into a separate stipulation on file with the Court extending its response date to September 10,

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2012, and has advised it does not oppose this Stipulation. The Third Amended Complaint will

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contain the following revisions:
-1STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED
COMPLAINT

1:11-CV-01257-AWI-BAM

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Paragraph 36 would be revised to the following: “CWS 02-03 was abandoned in 2005.

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Before it was abandoned, CWS 02-03 contained concentrations of PCE above the Method

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Detection Limit.”

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Paragraph 64 would be revised to allege Health and Safety Code § 25363(e) instead of the
current 26363(e).

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Plaintiffs would dismiss the Negligence claim against the City of Visalia (“City”). This claim

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remains alleged against all other parties.

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The Third Amended Complaint shall be filed by August 22, 2012. Defendants shall have up

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to and including September 12, 2012 to respond to the Third Amended Complaint.
The City has a pending Motion to Dismiss Plaintiffs’ claim for HSAA, calendared for

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hearing on September 24, 2012. This hearing will remain as calendared as the allegations in the

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proposed Third Amended Complaint remain unchanged as to that claim.

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Dated: August 16, 2012

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
Jan A. Greben
Jeff Coyner
Attorneys for Plaintiffs VIOLA COPPOLA,
GARY COPPOLA, and the TRUST OF
ANTHONY M. COPPOLA

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Dated: August 16, 2012

GUALCO LAW

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/s/ Lori J. Gualco
Lori J. Gualco
Attorneys for Defendants RICHARD
LASTER and GREGORY SMITH

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-2STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED
COMPLAINT

1:11-CV-01257-AWI-BAM

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Dated: August 16, 2012

WILLIAMS, JORDAN, BRODERSEN &
PRITCHETT LLP

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/s/ Steven R. Williams
Steven R. Williams
Attorneys for Defendant JANE NASH, as
TRUSTEE OF THE JANE HIGGINS NASH
TRUST

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Dated: August 16, 2012
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GLASER, WEIL, FINK, JACOBS, HOWARD,
AVCHEN & SHAPIRO LLP

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/s/ Gregory R. McClintock
Gregory R. McClintock
Noah P. Perch-Ahern
Attorneys for Defendant CALIFORNIA
WATER SERVICE COMPANY

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Dated: August 16, 2012

DOOLEY, HERR, PELTZER & RICHARDSON

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/s/ Leonard C. Herr
Leonard C. Herr
Attorneys for Defendant CITY OF VISALIA

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Dated: August 16, 2012

CHIELPEGIAN LAW OFFICES

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/s/ Mark E. Chielpegian
Mark E. Chielpegian
Attorneys for Defendant BENART MAIN
STREET PROPERTIES

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-3STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED
COMPLAINT

1:11-CV-01257-AWI-BAM

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ORDER
Based on the Stipulation of the Parties, IT IS HEREBY ORDERED that Plaintiffs’ shall have

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up to and including August 22, 2012 to file a Third Amended Complaint. Defendants shall have up

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to and including September 12, 2012 to respond to the Third Amended Complaint.

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IT IS SO ORDERED.
Dated:

August 16, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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-4STIPULATION AND ORDER REGARDING FILING OF THIRD AMENDED
COMPLAINT

1:11-CV-01257-AWI-BAM