CA Dept Toxic Sub v. Brighton Oil Co, et al

Filing 1148

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 7/23/10 ORDERING that the Consent Decree 1120 is MODIFIED as follows: Paragraph 7.1(b) is modified to provide that Mid Valley shall pay $140,000 (One Hundred Forty Thousand Dollar s) to the Department, consisting of an initial payment of $14,000 (Fourteen Thousand Dollars) to the Department due by 6/5/10 (this payment has been made), and nine additional payments to the Department in the amount of $14,000 plus interes t at the rate of 2% per year, due by the fifth day of the subsequent nine months. The required payment amounts are shown on Exhibit A in the column Total Monthly Installment. Mid Valley may pay the entire balance at any time during the nine mont hs.2. If any of the payments required above are not received by the Department by the due date, the entire remaining balance shall be immediately due and payable, and the Department may pursue all available means for collecting the full balance at that time. (Mena-Sanchez, L)

1 EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California 2 KEN ALEX, State Bar No. 111236 Senior Assistant Attorney General 3 MARGARITA PADILLA, State Bar No. 99966 Supervising Deputy Attorney General 4 JAMIE JEFFERSON, State Bar No. 197142 SANDRA GOLDBERG, State Bar No. 138632 5 Deputy Attorneys General 1515 Clay Street, 20th Floor 6 P.O. Box 70550 Oakland, CA 94612-0550 7 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff California Department 9 of Toxics Substance Control 10 11 12 13 14 CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, 15 CIV-S-02-0018 GEB GGH Plaintiff, 16 v. 17 STIPULATION TO MODIFY CONSENT DECREE AND [Proposed] ORDER 18 ESTATE OF HERBERT S. MCDUFFEE, JR., DECEASED, ET AL., 1 19 Courtroom: 10 Defendants, Judge The Hon. Garland E. Burrell, Jr. 20 Trial Date: None Action Filed: January 4, 2002 __21 __________________________________ __ 22 AND RELATED CROSS-CLAIMS, 23 COUNTERCLAIMS AND/OR THIRDPARTY ACTIONS. 24 25 26 27 28
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

It is noted that the plaintiff's claims against the first named defendant in this action have been settled.

STIPULATION TO MODIFY CONSENT DECREE AND [Proposed] ORDER (CIV-S-02-0018 GEB GGH)

1 Plaintiff, California Department of Toxic Substances Control ("the Department") and defendant 2 Mid Valley Development, Inc. ("Mid Valley") hereby stipulate and agree as follows: 3 The Consent Decree and [Proposed] Order in this matter that was filed on April 1, 2010 4 (Document 1102) and approved by the Court on April 28, 2010 (Document 1120) is modified as 5 follows: 6 1. 7 8 9 10 11 12 13 14 2. 15 16 17 18 IT IS SO STIPULATED. Dated: July 23, 2010 19 20 21 22 23 24 25 26 27 28 1
STIPULATION TO MODIFY CONSENT DECREE AND [Proposed] ORDER (CIV-S-02-0018 GEB JFM)

Paragraph 7.1(b) is modified to provide that Mid Valley shall pay $140,000 (One Hundred Forty Thousand Dollars) to the Department, consisting of an initial payment of $14,000 (Fourteen Thousand Dollars) to the Department due by June 5, 2010 (this payment has been made), and nine additional payments to the Department in the amount of $14,000 plus interest at the rate of 2% per year, due by the fifth day of the subsequent nine months. The required payment amounts are shown on Exhibit A in the column "Total Monthly Installment." Mid Valley may pay the entire balance at any time during the nine months. If any of the payments required above are not received by the Department by the due date, the entire remaining balance shall be immediately due and payable, and the Department may pursue all available means for collecting the full balance at that time.

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL

By _/s/ Sandra Goldberg, Esq.______________________ EDMUND G. BROWN, JR. Attorney General of California MARGARITA PADILLA Supervising Deputy Attorney General SANDRA GOLDBERG Deputy Attorney General Attorneys for California Department of Toxic Substances Control

1 Dated: July 23, 2010 2 3 4 5 6 7 8 9 Dated: 7/23/10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. `

MID VALLEY DEVELOPMENT, INC. By _/s/ Jeffory J. Scharff, Esq._______________________ JEFFORY J. SCHARFF SCHARFF, BRADY & VINDING Attorneys for Mid Valley Development, Inc.

GARLAND E. BURRELL, JR. United States District Judge

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STIPULATION TO MODIFY CONSENT DECREE AND [Proposed] ORDER (CIV-S-02-0018 GEB JFM)