Ameripride Svc Inc v. Valley Industrial, et al

Filing 1052

STIPULATION and ORDER Concerning additional response Costs directly incurred by Ameripride Serices Inc. signed by District Judge Morrison C. England, Jr on 7/29/16. (Mena-Sanchez, L)

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PHILIP C. HUNSUCKER (SBN 135860)
BRIAN L. ZAGON (SBN 142403)
MARC SHAPP (SBN 266805)
HUNSUCKER GOODSTEIN PC
3717 Mt. Diablo Blvd., Suite 200
Lafayette, CA 94549
Telephone: [phone]
Facsimile: [phone]
LEE N. SMITH (SBN 138071)
PERKINS, MANN & EVERETT, APC
7815 N. Palm Ave, Suite 200
Fresno, CA 93711
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.
FRED M. BLUM (SBN 101586)
ERIN K. POPPLER (SBN 267724)
VIVY D. DANG (SBN 297714)
BASSI, EDLIN, HUIE & BLUM LLP
500 Washington Street, Suite 700
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.
[Additional Attorneys Listed on Signature Page]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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AMERIPRIDE SERVICES INC., a Delaware Case No. CIV. 2-00-113 MCE-EFB
corporation,
STIPULATION AND [PROPOSED
Plaintiff,
ORDER CONCERNING ADDITIONAL
RESPONSE COSTS DIRECTLY
vs.
INCURRED BY AMERIPRIDE SERICES
INC.
VALLEY INDUSTRIAL SERVICES, INC., a
former California Corporation, et al.
Defendants.

Judge: Hon. Morrison C. England, Jr.
Trial Date: October 17, 2016

AND CONSOLIDATED ACTION AND
CROSS AND COUNTER-CLAIMS.

STIPULATION AND ORDER CONCERNING ADDITIONAL RESPONSE COSTS DIRECTLY INCURRED BY
AMERIPRIDE SERVICES INC.

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Defendant TEXAS EASTERN OVERSEAS, INC. (“TEO”) and Plaintiff

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AMERIPRIDE SERVICES INC. (“AmerPride”), by and through their respective counsel,

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stipulate as follows:

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In order to avoid the unnecessary introduction of voluminous documents and to

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streamline the trial process, the Parties stipulate to the following facts for the limited and

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sole purposes of this trial, and not to be used for any other purpose.

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STIPULATION
1.

AmeriPride has directly incurred $472,706.84 in additional investigation and

remediation costs after the costs addressed in the Court’s February 23, 2016 Order (ECF
No. 1017) through April 2016. These costs are identified on Exhibit 1 to this stipulation.
2.

AmeriPride has directly incurred $16,792.04 in additional regulatory

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oversight costs after the oversight costs addressed in the Court’s February 23, 2016 Order

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ECF No. 1017) through March 2016. These costs are identified on Exhibit 1 to this

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stipulation.

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3.

For the purposes of this action only, the costs described in Paragraphs 1 and

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2 are recoverable under Section 107(a)(4)(B) of the Comprehensive Environmental

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Response, Compensation, and Liability Act, 42 U.S.C. § 9607(a)(4)(B).

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4.

There are investigation and cleanup costs and oversight costs for which

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AmeriPride seeks recovery that are not included in this stipulation. AmeriPride reserves

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all of its rights in connection with such costs. TEO reserves all of its rights to object to

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such costs.

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Date: July 22, 2016

BASSI, EDLIN, HUIE & BLUM LLP

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By:

/s/ Fred M. Blum
FRED M. BLUM
ERIN K. POPPLER
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.

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STIPULATION AND ORDER CONCERNING RESPONSE COSTS DIRECTLY INCURRED BY AMERIPRIDE
SERVICES INC.

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Date: July 22, 2016

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WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP
/s/ Edward Garson

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By:

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Date: July 22, 2016

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HUNSUCKER GOODSTEIN PC

By:

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Date: July 22, 2016

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/s/ Brian L. Zagon
PHILIP C. HUNSUCKER
BRIAN L. ZAGON
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.

PERKINS MANN & EVERETT, APC

By:

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EDWARD GARSON
VINCENT J. ADAMS
WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.

/s/ Lee N. Smith
LEE N. SMITH
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.

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ORDER

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IT IS SO ORDERED.
Dated: July 29, 2016

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STIPULATION AND ORDER CONCERNING RESPONSE COSTS DIRECTLY INCURRED BY AMERIPRIDE
SERVICES INC.