Ameripride Svc Inc v. Valley Industrial, et al

Filing 907

ORDER signed by Judge Lawrence K. Karlton on 3/5/2012 ORDERING that parties are GRANTED 14 additional days to file their final briefs in light of the questions presented in this instant order. Parties' final briefs shall be filed no later than 3/20/2012. If the parties are confident that their briefs address the questions presented, they may file their final briefs before 3/20/2012.(Waggoner, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMERIPRIDE SERVICES, INC.,
A Delaware corporation,
NO. CIV. S-00-113 LKK/JFM

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Plaintiff,
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v.
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VALLEY INDUSTRIAL SERVICE, INC.,
a former California corporation,
et al.,
O R D E R

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Defendants.
/

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AND CONSOLIDATED ACTION AND
CROSS- AND COUNTER-CLAIMS.
/

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The court has permitted the parties to file limited final

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argument.

In briefing, the parties may assume that the court will

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find that: (1) the contamination in the groundwater was the product

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of the spills AmeriPride complains of, which occurred during

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Defendant’s possession of the property; (2) it is more likely than

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not that wastewater leakage from the sewer pipes, during both

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Plaintiff’s and Defendant’s possession of the property, was a
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significant factor in PCE reaching the groundwater; and (3) PCE

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deposited by both TEO and AmeriPride through wastewater leakage

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added significantly to the pollution of the groundwater. Finally,

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it may well be that the court will find that it cannot apportion

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responsibility for the pollution between the parties.

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Given these possible findings, in their submitted briefs, the

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parties shall address the following questions: (1) How, and on what

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potential bases other than responsibility for pollution, should the

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court apportion liability as to past costs between the parties?;

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and (2) How, and on what potential bases other than responsibility

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for pollution, should the court apportion liability as to future

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costs between the parties?

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The parties’ previous deadline for filing their final briefs

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was March 6, 2012.

In light of the questions presented above, the

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parties are given fourteen (14) additional days to file their final

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briefs.

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later than March 20, 2012. If the parties are confident that their

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briefs address the aforementioned questions, they may file their

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final briefs before March 20, 2012.

The parties’ final briefs shall, therefore, be filed no

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IT IS SO ORDERED.

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DATED: March 5, 2012.

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