Ameripride Svc Inc v. Valley Industrial, et al

Filing 763

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/12/11 Resolving Texas Eastern Overseas, Inc.'s Motion for Sanctions Against Ameripride Services Inc. (Meuleman, A)

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PHILIP C. HUNSUCKER (SBN: 135860)
BRIAN L. ZAGON (SBN: 142403)
MAUREEN B. HODSON (SBN: 251990)
HUNSUCKER GOODSTEIN & NELSON PC
3717 Mt. Diablo Blvd., Suite 200
Lafayette, CA 94549
Telephone: [phone]
Facsimile: [phone]

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LEE N. SMITH (SBN: 138071)
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.

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RONALD S. BUSHNER (SBN: 98352)
BERNARD GEHLHAR (SBN: 208482)
EMILY M. WEISSENBERGER (SBN: 248898)
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.
[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,

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Plaintiff,
vs.
VALLEY INDUSTRIAL SERVICES, INC., a
former California corporation and TEXAS
EASTERN OVERSEAS, INC., a former
Delaware Corporation,

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Defendants.

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Case No. CIV. S-00-113 LKK/JFM
STIPULATION AND ORDER
RESOLVING TEXAS EASTERN
OVERSEAS, INC.’S MOTION FOR
SANCTIONS AGAINST AMERIPRIDE
SERVICES INC.
Date: July 18, 2011
Time: 10:00 a.m.
Dept.: 4
Hon. Lawrence K. Karlton

AND CONSOLIDATED ACTION AND
CROSS AND COUNTER-CLAIMS.

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Trial Date: January 18, 2012
Discovery Cut Off: May 1, 2011
Motion Cut Off: July 1, 2011

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STIPULATION AND [PROPOSED] ORDER RESOLVING TEXAS EASTERN OVERSEAS, INC.’S MOTION
FOR SANCTIONS AGAINST AMERIPRIDE SERVICES INC.

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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 with

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respect to TEO’s Motion for Sanctions against AmeriPride as follows:

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RECITALS

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1.

Whereas, on May 23, 2011, defendant TEO filed a Motion for Sanctions (“the

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Motion”) against AmeriPride (Docket Number (“Dkt.”) 746). TEO did not meet and confer with

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AmeriPride prior to filing its motion.

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2.

Whereas, the Court previously awarded evidentiary sanctions in this action to

Huhtamaki Foodservices, Inc. (“Huhtamaki”) in the form of an adverse inference that AmeriPride

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would be prohibited from presenting any evidence which denies that AmeriPride contributed PCE to

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soil and groundwater contamination from the wastewater system at the property located on Wilbur

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Way in Sacramento, California (“the Facility”) where both Valley Industrial Services, Inc. (“VIS,

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Inc.”) and then AmeriPride operated. (Order of August 8, 2006, Dkt. 544.)

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3.

Whereas, TEO claims in its Motion that it stands in Huhtamaki’s shoes and it seeks

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the same adverse inference that the Court awarded to Huhtamaki on August 8, 2006. (Dkt. 746 at

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15.)

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4.

Whereas, AmeriPride disputes that TEO stands in Huhtamaki’s shoes, but does not

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dispute that some PCE probably was added to the groundwater contamination during AmeriPride’s

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operation of the Facility.

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STIPULATION

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Based on the foregoing, the court will instruct the jury and/or the fact finder will find that the

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removed pipes leaked PCE-contaminated wastewater into the soil and groundwater and that this

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contamination was a cause of the contamination on the Huhtamaki property. AmeriPride will be

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prohibited from presenting any evidence which denies that AmeriPride contributed to the soil and

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groundwater contamination. However, the parties agree that there is a dispute about the amount of

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contamination caused by releases of wastewater during both VIS, Inc.’s and AmeriPride’s operation

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of the Facility that must be resolved by the trier of fact.

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STIPULATION AND [PROPOSED] ORDER RESOLVING TEXAS EASTERN OVERSEAS, INC.’S MOTION
FOR SANCTIONS AGAINST AMERIPRIDE SERVICES INC.

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Dated: July 8, 2011

HUNSUCKER GOODSTEIN & NELSON PC

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By:

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/s/Philip C. Hunsucker______________
Philip C. Hunsucker
Brian L. Zagon
Maureen B. Hodson
Attorneys for
AMERIPRIDE SERVICES INC.
STOEL RIVES LLP
Lee N. Smith
Attorneys for
AMERIPRIDE SERVICES INC.

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Dated: July 8, 2011

WILSON, ELSER, MOSKOWITZ, ELDELMEN &
DICKER LLP

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By:

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BASSI, EDLIN, HUIE & BLUM LLP
Fred M. Blum
William Noel Edlin
Attorneys for
TEXAS EASTERN OVERSEAS, INC.

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/s/Emily M. Weissenberger____________
Ronald Bushner
Bernard Gehlhar
Emily Weissenberger
Attorneys for
TEXAS EASTERN OVERSEAS, INC.

IT IS SO ORDERED.

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Dated: July 12, 2011.

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STIPULATION AND [PROPOSED] ORDER RESOLVING TEXAS EASTERN OVERSEAS, INC.’S MOTION
FOR SANCTIONS AGAINST AMERIPRIDE SERVICES INC.