Ameripride Svc Inc v. Valley Industrial, et al

Filing 1062

STIPULATION and ORDER TO AMEND JOINT PRETRIAL STATEMENT signed by District Judge Morrison C. England, Jr on 8/25/16. (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, ESQ. (SBN 101586)
ERIN K. POPPLER, ESQ. (SBN 267724)
VIVY D. DANG, ESQ. (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]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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AMERIPRIDE SERVICES INC., a
Delaware corporation,
Plaintiff,

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Case No. CIV. 2-00-113 MCE-DB
STIPULATION AND ORDER TO AMEND
JOINT PRETRIAL STATEMENT

vs.

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VALLEY INDUSTRIAL SERVICES, INC.,
a former California Corporation, et al.

Trial Date: October 17, 2016
Complaint Filed: January 20, 2000

Defendants.

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AND CONSOLIDATED ACTION AND
CROSS AND COUNTER-CLAIMS.

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STIPULATION AND [PROPOSED] ORDER TO AMEND JOINT PRETRIAL STATEMENT

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Plaintiff AMERIPRIDE SERVICES INC. (“AmeriPride”) and Defendant TEXAS

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EASTERN OVERSEAS, INC. (“TEO”), by and through their respective counsel, stipulate

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to amend their Exhibit Lists, as follows:

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RECITALS

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1.

On July 26, 2016 AmeriPride and TEO filed their Joint Pretrial Statement.

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ECF No. 1050.

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2.

Pursuant to the requirements of the Court’s Pretrial Scheduling Order, ECF

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No. 988, the Joint Pretrial Statement includes AmeriPride’s list of exhibits AmeriPride

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expects to offer, if necessary, at trial, and TEO’s list of exhibits TEO expects to offer at

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trial. ECF No. 1050 at 78-94 and 104-191.
3.

Since filing the Joint Pretrial Statement, AmeriPride and TEO have met and

conferred in order to reduce the number of potential exhibits that may be offered at trial.
4.

The Parties agree that reducing the number of potential exhibits that may be

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offered at trial will streamline the presentation of evidence at trial, and allow for a more

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efficient trial.

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5.

The Parties respectfully request the Court to allow AmeriPride and TEO each

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to replace the exhibit lists filed with the Joint Pretrial Statement with the amended exhibit

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lists attached hereto as Attachment 1 and Attachment 2.

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6.

Pursuant to the requirements of the Court’s Pretrial Scheduling Order, ECF

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No. 988, the Joint Pretrial Statement includes undisputed and disputed facts identified as

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relevant by the Parties. ECF No. 1050 at 12-26 (Undisputed Facts) and 27-44 (Disputed

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Facts).

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7.

After meeting and conferring, the Parties agree that Undisputed Fact No. 143

should be revised in the Final Pretrial Order as follows:

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a. “The January 19, 2015 Map prepared by Burns & McDonnell, bearing

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bates stamp number AM061842, as annotated by TEO’s expert Gary

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Hokkanen, and entered as Exhibit 95 to his January 20, 2016 deposition

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is an accurate representation of the locations of buildings, water supply
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STIPULATION AND [PROPOSED] ORDER TO AMEND JOINT PRETRIAL STATEMENT

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wells, monitoring wells, remediation wells, other samplings, and other

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relevant structures or locations. Deposition Exhibit 95 is attached hereto

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as Appendix 4.”

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are not genuinely in dispute, and should be listed as Undisputed Facts as follows:

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After meeting and conferring, the Parties agree that certain Disputed Facts

a. Disputed Facts Nos. 2, 7-13, 54, 84, and 90 are not genuinely in dispute.
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Good cause exists for the Court to grant the Parties’ request because it will

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(1) facilitate a more efficient trial; (2) encourage efficient pre-trial activities between the

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Parties; (3) will not prejudice the Parties or the Court and will not delay the case; and, (4)

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will not alter or affect the Parties’ compliance with any other requirements in the Court’s

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Pretrial Scheduling Order, ECF No. 988.

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STIPULATION

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Based on the foregoing, the Parties stipulate as follows:

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1.

AmeriPride respectfully requests the Court replace the exhibit list filed with

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the Joint Pretrial Statement at ECF No. 1050 at 78-94 with the exhibit list attached hereto

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as Attachment 1.

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2.

TEO respectfully requests the Court replace the exhibit list filed with the Joint

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Pretrial Statement at ECF No. 1050 at 104-191 with the exhibit list attached hereto as

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Attachment 2.

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3.

The Parties respectfully request the Court include the exhibit lists attached

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hereto as Attachment 1 and Attachment 2 as part of the Court’s Final Pretrial Order in lieu

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of the exhibit lists filed on July 25, 2016 with the Joint Pretrial Statement.

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4.

The Parties respectfully request the Court revise Undisputed Fact No. 143 in

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the Final Pretrial Order to read as follows: “The January 19, 2015 Map prepared by Burns

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& McDonnell, bearing bates stamp number AM061842, as annotated by TEO’s expert

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Gary Hokkanen, and entered as Exhibit 95 to his January 20, 2016 deposition is an

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accurate representation of the locations of buildings, water supply wells, monitoring wells,

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remediation wells, other samplings, and other relevant structures or locations. Deposition
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STIPULATION AND [PROPOSED] ORDER TO AMEND JOINT PRETRIAL STATEMENT

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Exhibit 95 is attached hereto as Appendix 4.”
5.

The Parties respectfully request the Court include in the list of Undisputed

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Facts to be set forth in the Final Pretrial Order the facts currently set forth in the Joint

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Pretrial Statement as Disputed Facts No. 2, 7-13, 54, 84, and 90.

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Date: August 23, 2016

BASSI, EDLIN, HUIE & BLUM LLP

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By:

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Date: August 23, 2016

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

WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP

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By:

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Date: August 23, 2016

/s/ Edward P. Garson
EDWARD P. GARSON (SBN 96786)
VINCENT J. ADAMS (SBN 249696)
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.

HUNSUCKER GOODSTEIN PC

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By:

/s/ Brian L. Zagon
PHILIP C. HUNSUCKER
BRIAN L. ZAGON
MARC A. SHAPP
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.
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STIPULATION AND [PROPOSED] ORDER TO AMEND JOINT PRETRIAL STATEMENT

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Date: August 23, 2016

PERKINS MANN & EVERETT, APC

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By:

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

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ORDER
Good cause appearing, the foregoing stipulation is hereby GRANTED. The Court’s
forthcoming Final Pretrial Order will reflect the parties’ stipulation.
IT IS SO ORDERED.
Dated: August 25, 2016

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STIPULATION AND [PROPOSED] ORDER TO AMEND JOINT PRETRIAL STATEMENT