Ameripride Svc Inc v. Valley Industrial, et al

Filing 1149

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/10/2017 ORDERING that pursuant to the parties' stipulation, the Court recognizes that TEO accepts AmeriPride's proof that it has directly incurred $131,175 .44 in additional investigation, remediation and regulatory oversight costs through January 2017. Pursuant to this Court's 10/19/2016 Order, such costs shall be included in the Court's calculation of the response costs directly incurred by AmeriPride and recoverable under Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a)(4)(B). (Zignago, K.)

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1 2 3 4 PHILIP C. HUNSUCKER (SBN 135860) BRIAN L. ZAGON (SBN 142403) MARC A. SHAPP (SBN 266805) HUNSUCKER GOODSTEIN PC 3717 Mt. Diablo Blvd., Suite 200 Lafayette, CA 94549 Telephone: (925) 284-0840 Facsimile: (925) 284-0870 5 6 7 8 9 10 11 12 13 14 15 LEE N. SMITH (SBN 138071) PERKINS, MANN & EVERETT, APC 7815 N. Palm Ave, Suite 200 Fresno, CA 93711 Telephone: (559) 447-5700 Facsimile: (559) 447-5600 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: (415) 397-9006 Facsimile: (415) 397-1339 Attorneys for Defendant TEXAS EASTERN OVERSEAS, INC. 16 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 18 19 20 AMERIPRIDE SERVICES INC., a Delaware corporation, 21 22 23 24 25 26 27 Plaintiff, vs. VALLEY INDUSTRIAL SERVICES, INC., a former California Corporation, et al. Case No. 2:00-cv-00113-MCE-DB STIPULATION AND ORDER RE SUBMISSION OF EVIDENCE OF AMERIPRIDE’S ADDITIONAL RESPONSE COSTS Trial Date: October 17, 2016 Complaint Filed: January 20, 2000 Defendants. AND CONSOLIDATED ACTION AND CROSS AND COUNTER-CLAIMS. 28 STIPULATION AND ORDER RE SUBMISSION OF EVIDENCE OF AMERIPRIDE’S ADDITIONAL RESPONSE COSTS Case No. 2:00-cv-00113-MCE-DB 1 Defendant TEXAS EASTERN OVERSEAS, INC. (“TEO”) and Plaintiff 2 AMERIPRIDE SERVICES INC. (“AmeriPride”), by and through their respective counsel, 3 stipulate as follows: 4 STIPULATION 5 6 1. On October 19, 2016, the Court concluded a three-day bench trial in this matter. 7 2. On October 19, 2016, the Court also entered a Stipulation and Order re 8 AmeriPride’s Additional Response Costs (“October 19, 2016 Order”), ECF No. 1105, to 9 allow AmeriPride to present TEO with proof of additional investigation, remediation and 10 regulatory oversight costs which AmeriPride incurred after the latest time when AmeriPride 11 was able to receive an invoice for such costs and obtain proof that the invoice had been 12 paid in time for entry of such proof as evidence at the trial. 13 3. The October 19, 2016 Order provides that any additional response costs for 14 which TEO accepts AmeriPride’s proof shall be included in the Court’s calculation of the 15 response costs directly incurred by AmeriPride and recoverable under Section 16 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability 17 Act (“CERCLA”), 42 U.S.C. § 9607(a)(4)(B). ECF No. 1105 at 3-4, ¶¶ 1-2. 18 4. TEO accepts AmeriPride’s proof that it has directly incurred $131,175.44 in 19 additional investigation, remediation and regulatory oversight costs through January 2017. 20 These costs are identified on Exhibit 1 to this stipulation. 21 22 5. For the purposes of this action only, the costs described in Paragraph 4 are recoverable under CERCLA Section 107(a)(4)(B), 42 U.S.C. § 9607(a)(4)(B). 23 6. There are investigation, cleanup and oversight costs for which AmeriPride 24 seeks recovery that are not included in this stipulation. AmeriPride reserves all of its rights 25 in connection with such costs. TEO reserves all of its rights to object to such costs. 26 /// 27 /// 28 /// 2 STIPULATION AND ORDER RE SUBMISSION OF EVIDENCE OF AMERIPRIDE’S ADDITIONAL RESPONSE COSTS Case No. 2:00-cv-00113-MCE-DB 1 Date: March 2, 2017 BASSI, EDLIN, HUIE & BLUM LLP 2 3 By: 4 5 6 7 8 Date: March 2, 2017 /s/ Fred M. Blum FRED M. BLUM ERIN K. POPPLER VIVY D. DANG Attorneys for Defendant TEXAS EASTERN OVERSEAS, INC. HUNSUCKER GOODSTEIN PC 9 By: 10 11 12 13 14 Date: March 2, 2017 /s/ Brian L. Zagon PHILIP C. HUNSUCKER BRIAN L. ZAGON MARC A. SHAPP Attorneys for Plaintiff AMERIPRIDE SERVICES INC. PERKINS MANN & EVERETT, APC 15 16 17 18 By: /s/ Lee N. Smith LEE N. SMITH Attorneys for Plaintiffs AMERIPRIDE SERVICES INC. 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER RE SUBMISSION OF EVIDENCE OF AMERIPRIDE’S ADDITIONAL RESPONSE COSTS Case No. 2:00-cv-00113-MCE-DB 1 2 ORDER Pursuant to the parties’ stipulation above, the Court recognizes that TEO accepts 3 AmeriPride’s proof that it has directly incurred $131,175.44 in additional investigation, 4 remediation and regulatory oversight costs through January 2017. Pursuant to this Court’s 5 October 19, 2016 Order, such costs shall be included in the Court’s calculation of the 6 response costs directly incurred by AmeriPride and recoverable under Section 7 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability 8 Act (“CERCLA”), 42 U.S.C. § 9607(a)(4)(B). ECF No. 1105. 9 10 IT IS SO ORDERED. Dated: March 10, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND ORDER RE SUBMISSION OF EVIDENCE OF AMERIPRIDE’S ADDITIONAL RESPONSE COSTS Case No. 2:00-cv-00113-MCE-DB

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