Chevron Environmental Management Company et al v. BKK Corporation et al

Filing 191

Plaintiffs' STIPULATION for Clarification in Regard to Document Nos. 188 and 189 (Good Father Settlement). ORDER Modifying Findings and Recommendations (Docs. 188, 189). Plaintiffs stipulation for Clarification in Regard to Doc. 188 and 189 is GRANTED. The FINDINGS and RECOMMENDATIONS (Doc. 188, p.2:2 and Doc. 189, p. 2:4) are modified as follows: "The EPC Eastide Disposal Facility (the "Site") is owned by Environmental Protection Corporation and is located o n Round Mountain Road in Kern County, 15 miles northeast of Bakersfield, California. See Exhibit B to Plaintiffs' First Amended Complaint, (Doc. No. 169-2) at pp.2-3." signed by Magistrate Judge Barbara A. McAuliffe on 8/21/2014. (Herman, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY
AND CHEVRON USA,

PLAINTIFFS’ STIPULATION FOR
CLARIFICATION IN REGARD TO
DOCUMENT NOS. 188 AND 189

Plaintiffs,

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v.

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Case No. 1: 11-cv-1396-LJO-BAM

ORDER MODIFYING FINDINGS AND
RECOMMENDATIONS (Docs. 188, 189)

BKK CORPORATION, et al.,
Defendants.

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/

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1.

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COME

NOW

Plaintiffs,

CHEVRON

ENVIRONMENTAL

MANAGEMENT

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COMPANY and CHEVRON U.S.A. INC., (“Plaintiffs”) and file this Stipulation for Clarification in

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Regard to Document Nos. 188 and 189, Magistrate McAuliffe’s findings and recommendations

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approving the settlement agreements between Plaintiffs and Defendants GOLDEN GATE

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PETROLEUM CO. (“Golden Gate”) and M.P. ENVIRONMENTAL SERVICES, INC. and MP

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VACUUM TRUCK SERVICE (“MP”), respectively. Golden Gate and MP have been served with

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process1 and all parties that have appeared in this action and were not previously dismissed2 have

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signed this Stipulation, as evidenced below.

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See Document Nos. 18, 26. M.P. Environmental Services, Inc. is incorporated in the State of California and has a
principal place of business in California. M.P. Environmental is the successor through merger to MP Vacuum Truck
Service. MP Vacuum Truck Service is formerly known as M P Oil. MP Vacuum Truck Service is incorporated in the State
of California and has a principal place of business in California.

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On August 22, 2011, Plaintiffs filed the above referenced lawsuit against the

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Defendants. The Plaintiffs and Defendants subsequently entered into Settlement Agreements.3 Judge

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McAuliffe issued findings and recommendations approving the settlement agreements.4

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3.

Plaintiffs seek clarification as to the following statement that appears on page two of

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the findings and recommendations in Document Nos. 188 and 189: “Chevron is the owner of EPC

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Eastside Disposal Facility (the “Site”), which is located on Round Mountain Road in Kern County,

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fifteen (15) miles northeast of Bakersfield, California.” Plaintiffs do not own the EPC Eastside

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Disposal Facility; the facility is owned by Environmental Protection Corporation.

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Plaintiffs

respectfully request that the Court substitute the statement with the following language: “The EPC
Eastside Disposal Facility (the “Site”) is owned by Environmental Protection Corporation and is
located on Round Mountain Road in Kern County, fifteen (15) miles northeast of Bakersfield,

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California. See Exhibit B to Plaintiffs’ First Amended Complaint, (Document No. 169-2) at pp. 2-3.”

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Plaintiffs file this Stipulation for Clarification to assist the Court so that its statements are factually

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correct.

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Dated: August 19, 2014

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Respectfully Submitted,
Daniel E. Vineyard
Courtney T. Carlson
Jackson Walker L.L.P.

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By:

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The following parties have made an appearance in this case and were not previously dismissed: M.P.
Environmental Services, Inc. and MP Vacuum Truck Service. (See Document Nos. 99 and 172). Mr. John Allen, counsel
for M.P. Environmental Services, Inc. and MP Vacuum Truck Service has signed below. Golden Gate Petroleum Co. has
not made an appearance by filing a response to Plaintiffs’ Complaint. Plaintiffs and Golden Gate Petroleum Co. have
entered into a settlement agreement previously submitted to the Court by Plaintiffs via a Motion for Good Faith Settlement
Determination (See Document No. 185). Mr. O’Keefe has signed below.
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See Document Nos. 185, 186.
See Document Nos. 188, 189.

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Daniel E. Vineyard

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Attorneys for Plaintiffs
CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY and CHEVRON
U.S.A. INC.

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Mr. John J. Allen

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Mr. Andy Miller

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Mr. Tim Hsu

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Allen Matkins Leck Gamble Mallory &

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Natsis LLP

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By: /s/ John J. Allen
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Mr. John J. Allen
Mr. Andy Miller
Mr. Tim Hsu

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Attorneys for Defendants M.P.
ENVIRONMENTAL SERVICES, INC. AND
MP VACUUM TRUCK SERVICE

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Mr. Dennis O’Keefe

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By: /s/ Dennis O’Keefe
Mr. Dennis O’Keefe
President and CEO of Golden Gate
Petroleum Co.

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ORDER

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It

is

HEREBY

ORDERED

that

Plaintiffs

CHEVRON

ENVIRONMENTAL

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MANAGEMENT COMPANY and CHEVRON U.S.A. INC.’s Stipulation for Clarification in Regard

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to Document Nos. 188 and 189 is GRANTED. The Findings and Recommendations (Doc. 188, p.2:2

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and Doc. 189, p. 2:4) are modified as follows: “The EPC Eastside Disposal Facility (the “Site”) is

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owned by Environmental Protection Corporation and is located on Round Mountain Road in Kern

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County, fifteen (15) miles northeast of Bakersfield, California. See Exhibit B to Plaintiffs’ First

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Amended Complaint, (Document No. 169-2) at pp. 2-3.”

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 21, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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