Lewis, et al v. Russell, et al

Filing 457

ORDER signed by Senior Judge William B. Shubb on 8/29/13: 447 Motion is GRANTED. Discovery due by 9/19/2014. Dispositive Motions filed by 11/21/2014. Final Pretrial Conference RESET for 1/20/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 3/17/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHARLES H. LEWIS and JANE W.
LEWIS,

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Plaintiffs,

NO. CIV. 2:03-2646 WBS CKD
ORDER RE: MOTION TO AMEND STATUS
(PRETRIAL SCHEDULING) ORDER

v.
ROBERT D. RUSSELL; IRENE
RUSSELL; BEN J. NEWITT; the
Estate of PHILLIP NEWITT,
Deceased; JUNG HANG SUH; SOO
JUNG SUH; JUNG K. SEO; THE DAVIS
CENTER, LLC; MELVIN R. STOVER,
individually and as trustee of
the Stover Family Trust; EMILY
A. STOVER, individually and as
trustee of the Stover Family
Trust; STOVER FAMILY TRUST;
RICHARD ALBERT STINCHFIELD,
individually and as successor
trustee of the Robert S.
Stinchfield Separate Property
Revocable Trust, and as trustee
of the Barbara Ellen Stinchfield
Testamentary Trust; ROBERT S.
STINCHFIELD SEPARATE PROPERTY
REVOCABLE TRUST; THE BARBARA
ELLEN STINCHFIELD TESTAMENTARY
TRUST; WORKROOM SUPPLY, INC., a
California corporation; SAFETYKLEEN CORPORATION, a California
corporation; the CITY OF DAVIS;
JENSEN MANUFACTURING COMPANY;
VIC MANUFACTURING COMPANY;
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MARTIN FRANCHISES INC., aka/dba
MARTINIZING DRY CLEANING,

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Defendants.
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AND RELATED COUNTER, CROSS,
AND THIRD PARTY CLAIMS.

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Charles H. Lewis and Jane W. Lewis (the “Lewises”)

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brought this action pursuant to the Comprehensive Environmental

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Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C.

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§§ 9601-9675, for recovery of costs incurred to remove hazardous

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substances from a piece of real property located in Davis,

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California (“Property”).

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party claims were subsequently filed.

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is The Davis Center, LLC, Emily Stover,1 and Richard

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Stinchfield’s2 (collectively, “Davis Center”) motion to amend the

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April 14, 2011 Status (Pretrial Scheduling) Order.

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447.)

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Various cross-, counter-, and thirdCurrently before the court

(Docket No.

The April 14, 2011 Status (Pretrial Scheduling) Order

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set the discovery deadline for March 21, 2014, the motion

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deadline for May 23, 2014, the Final Pretrial Conference for July

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21, 2014, and the trial date for September 16, 2014.

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344.)

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it explores “a detailed investigative program and laboratory

(Docket No.

Davis Center wishes to extend all deadlines 180 days while

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Emily Stover files the motion individually, as trustee
of the Stover Family trust, and as personal representative for
Melvin Stover (deceased).
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Richard Stinchfield files the motion individually, as
trustee of the Robert S. Stinchfield Separate Real Property
Trust, and as Trustee of the Barbara Ellen Stinchfield
Testamentary Trust.
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study” of “a viable remediation approach for the site.”

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Center’s Mem. in Supp. of Mot. to Stay at 3:12-15 (Docket No.

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448).)

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(Davis

Although the court is skeptical that good cause exists

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to modify the Status Order when the parties have had over ten

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years to pursue the study and a global settlement, no party has

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filed an opposition to Davis Center’s motion.

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all parties who have an interest in this matter have

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affirmatively stated their non-opposition to the request.

To the contrary,

(See

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Docket Nos. 452-454, 456 (statements of non-opposition filed by

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various parties).)

The court will accordingly grant the motion.

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IT IS THEREFORE ORDERED that Davis Center’s motion to

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amend the April 14, 2011 Status (Pretrial Scheduling) Order be,

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and the same hereby is, GRANTED.

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April 14, 2011 Status (Pretrial Scheduling) Order are hereby

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VACATED and AMENDED as follows:

The deadlines provided in the

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Discovery Deadline: no later than September 19, 2014;

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Motion Deadline: no later than November 21, 2014;

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Final Pretrial Conference: January 20, 2015 at 2:00 p.m.;

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and
Trial Date: March 17, 2015 at 9:00 a.m.

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All other dates, times, and information provided in the April 14,

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2011 Status (Pretrial Scheduling) Order shall remain unchanged.

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DATED:

August 29, 2013

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