Adobe Lumber Inc v. Taecker, et al

Filing 178

ORDER signed by Judge Garland E. Burrell Jr. on 6/7/05 ORDERING that 177 Stipulation and Proposed Order is GRANTED. Parties Estate of Marco F. Hellman, Deceased, Wells Fargo Bank and F. Warren Hellman as Trustees, and Woodland Shopping Center are DISMISSED from second amended third party complaint.(Sherman, T) Modified on 6/8/2005 (Waggoner, D).

Adobe Lumber Inc v. Taecker, et al

Doc. 178

Case 2:02-cv-00186-GEB-GGH

Document 178

Filed 06/08/2005

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1 THOMAS M. DONNELLY (Bar No. 136546) MATTHEW K. NARENSKY (Bar No. 215604) 2 HELLER EHRMAN LLP 3 333 Bush Street San Francisco, CA 94104-2878 4 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Third Party Defendants Wells Fargo Bank, N.A., and F. Warren Hellman as 7 Trustees of Trust A created by the Estate of Marco 8 Hellman, and F. Warren Hellman as Trustee of Trust B created by the Estate of Marco Hellman 9 10 11 12 13 14 ADOBE LUMBER, INC., a California corporation, 15 Plaintiff, 16 v. 17 HAROLD TAECKER, an individual, 18 GERALDINE TAECKER, an individual, 19 Defendants. 20 21 AND ALL COUNTER, CROSS AND 22 THIRD PARTY ACTIONS 23 24 25 26 27 28 STIPULATION This Stipulation is entered into by and among Defendants and Third-Party Plaintiffs Harold and Geraldine Taecker (the "Taeckers"), Third Party Defendants Wells Fargo Bank, N.A., and F. Warren Hellman as Trustees of Trust A created by the Estate of Marco F. Hellman, and F. Warren Hellman as Trustee of Trust B created by the Estate of Marco F.
STIPULATION AND ORDER DISMISSING HELLMAN ESTATE, TRUSTEES AND WOODLAND SHOPPING CENTER FROM SECOND AMENDED THIRD PARTY COMPLAINT CASE NO. CIV.S-02-0186 GEB GGH Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION Case No.: CIV.S-02-0186 GEB GGH
STIPULATION AND [PROPOSED] ORDER DISMISSING ESTATE OF MARCO F. HELLMAN, DECEASED, WELLS FARGO BANK AND F. WARREN HELLMAN AS TRUSTEES, AND WOODLAND SHOPPING CENTER, A LIMITED PARTNERSHIP, FROM SECOND AMENDED THIRD PARTY COMPLAINT

Case 2:02-cv-00186-GEB-GGH

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1 Hellman (the "Trustees"), and Third Party Defendant Woodland Shopping Center, a limited 2 partnership ("WSC"). The Taeckers, the Trustees, and WSC shall be referred to 3 individually as "Party" or collectively as the "Parties" in this Stipulation. 4 WHEREAS, in its May 24, 2005 Order on the cross-motions for summary judgment

5 filed by Plaintiff Adobe Lumber, Inc. ("Adobe") and the Taeckers (the "Order"), this Court 6 dismissed Adobe's claim against the Taeckers under section 113 of the Comprehensive 7 Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. 8 ("CERCLA"), and limited Adobe's claim against the Taeckers under section 107 of 9 CERCLA to a claim for contribution. 10 WHEREAS, following receipt of the Order, counsel for the Trustees and WSC

11 presented counsel for the Taeckers with their proposed motion for summary judgment. That 12 motion would have sought dismissal of the Taeckers' claims asserted against the Trustees 13 and WSC in the Taeckers' Second Amended Third Party Complaint filed in this action on 14 February 20, 2003, on the grounds (among others) that the Taeckers no longer had any 15 CERCLA or state law contribution or equitable indemnity claims against the Trustees or 16 WSC as a matter of law given the Court's Order limiting Adobe's section 107 claim to a 17 claim for contribution. 18 WHEREAS, after reviewing the Trustees' and WSC's proposed motion for summary

19 judgment, the Taeckers have agreed to dismiss the Trustees and WSC from the Second 20 Amended Third Party Complaint, on the following terms and conditions. 21 NOW, THEREFORE, in light of the foregoing Recitals, and pursuant to Fed. R. Civ.

22 Proc. 41(c), the Parties stipulate as follows and jointly request that the Court enter the 23 following Proposed Order: 24 (1) Third Party Defendants the Estate of Marco F. Hellman, Deceased, Wells Fargo

25 Bank, N.A., and F. Warren Hellman as Trustees of Trust A created by the Estate of Marco 26 F. Hellman, F. Warren Hellman as Trustee of Trust B created by the Estate of Marco F. 27 Hellman, and Woodland Shopping Center, a limited partnership, are hereby dismissed from 28 the Taeckers' Second Amended Third Party Complaint with prejudice as to the claims 2
STIPULATION AND ORDER DISMISSING HELLMAN ESTATE, TRUSTEES AND WOODLAND SHOPPING CENTER FROM SECOND AMENDED THIRD PARTY COMPLAINT CASE NO. CIV.S-02-0186 GEB GGH

Case 2:02-cv-00186-GEB-GGH

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1 asserted in the Second Amended Third Party Complaint, except as provided in paragraph 2 (2) below, with each Party to bear its own attorneys' fees and costs. 3 (2) The dismissal set forth in paragraph (1) above shall not constitute or be

4 construed as a determination of any issue of fact between the parties still remaining in this 5 action, including, without limitation, any issue concerning the causes, sources and/or extent 6 of any environmental contamination found at the Woodland Shopping Center property that 7 is the subject of this action (the "Site"). Moreover, the dismissal set forth in paragraph (1) 8 above shall be without prejudice to the Taeckers' right to seek recovery from the Trustees 9 and/or WSC of any "response costs" (as that term is defined under CERCLA) that the 10 Taeckers might incur in the future with respect to the Site. 11 12 13 14 15 16 17 18 19 DATED: June __, 2005 20 21 22 23 24 25 26 27 28 3
STIPULATION AND ORDER DISMISSING HELLMAN ESTATE, TRUSTEES AND WOODLAND SHOPPING CENTER FROM SECOND AMENDED THIRD PARTY COMPLAINT CASE NO. CIV.S-02-0186 GEB GGH

IT IS SO STIPULATED. DATED: June __, 2005 HELLER EHRMAN LLP By THOMAS M. DONNELLY Attorneys for Third Party Defendants Wells Fargo Bank, N.A., and F. Warren Hellman, Trustees DOWNEY BRAND LLP By STEVEN H. GOLDBERG Attorneys for Third Party Defendant Woodland Shopping Center, a limited partnership

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1 DATED: June __, 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
6/7/05 10:45 AM

LEWIS BRISBOIS BISGAARD & SMITH LLP By BRIGITTE M. MAYO Attorneys for Defendants and Third Party Plaintiffs Harold and Geraldine Taecker [PROPOSED] ORDER

Having considered the foregoing Stipulation, and good cause appearing therefor, IT IS SO ORDERED.
DATED: June 7, 2005 /s/ Garland E. Burrell, Jr.

1.

GARLAND E. BURRELL, JR.
United States District Judge

4
STIPULATION AND ORDER DISMISSING HELLMAN ESTATE, TRUSTEES AND WOODLAND SHOPPING CENTER FROM SECOND AMENDED THIRD PARTY COMPLAINT CASE NO. CIV.S-02-0186 GEB GGH