Lewis, et al v. Russell, et al

Filing 512

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/21/16 ORDERING that the following scheduling dates are RESET: Dispositive Motions filed by 6/23/2017; Final Pretrial Conference set for 8/28/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and Jury Trial set for 10/31/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A)

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JENNIFER HARTMAN KING (Bar No. 211313)
ALANNA C. LUNGREN (Bar No. 269668)
TYLER BOWLIN (Bar No. 305715)
KING WILLIAMS LLP
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
BEST, BEST & KRIEGER LLP
HARRIET A. STEINER (Bar No. 109436)
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]

Exempt From Filing Fees Pursuant To
Government Code Section 6103

Attorneys for Defendant
CITY OF DAVIS

KING WILLIAMS LLP
520 CAPITOL MALL, SUITE 750
SACRAMENTO, CA 95814
TEL: [phone] / FAX: [phone]

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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,
Plaintiffs,

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v.

Case No.: CIV S-03-2646 WBS AC
STIPULATION TO EXTEND TRIAL
AND OTHER DEADLINES SET FORTH
IN PRETRIAL SCHEDULING ORDER
[PROPOSED] ORDER

ROBERT D. RUSSELL, ET AL.,
Defendants,

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[LR 144]
Trial Date: April 25, 2017

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AND RELATED COUNTER, CROSS AND
THIRD PARTY CLAIMS.

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00014050.2

STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER
[PROPOSED] ORDER

STIPULATION

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The City of Davis (the “City”); The Davis Center LLC, Emily Stover, individually, and as

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Trustee of the Stover Family Trust and as Personal Representative for Melvin Stover (Deceased);

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and Richard Albert Stinchfield, Individually and as Trustee of the Robert A. Stinchfield Separate

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Real Property Trust and as Trustee of the Barbara Ellen Stinchfield Testamentary Trust (“The

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Davis Center”); Charles H. Lewis and Jane W. Lewis (Deceased) (“The Lewises”); Potter-Taylor

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& Company, Potter Long, Adams & Taylor, Ltd., Davis Center, Potter-Taylor, Inc. and Potter

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Taylor & Scurfield Inc. (“Potter Taylor”) (collectively, the “Participating Parties”), are parties to

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the above-captioned matter. The Participating Parties, by and through their respective counsel,

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hereby stipulate as follows:

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WHEREAS, on August 12, 2013 The Davis Center moved to amend the scheduling order

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(Docket No. 447) and the Participating Parties stipulated to extend the deadlines to disclose experts

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(Docket No. 458). On August 30, 2013 The Court entered Orders granting the Motion (Docket No.

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457) and approving the Stipulation (Docket No. 460).

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WHEREAS, on February 28, 2014, the Participating Parties entered into a further stipulation

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to amend the scheduling order to allow time to produce and compile data associated with the

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investigative study (Docket No. 472). On March 3, 2014, the Court entered an Order approving the

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Stipulation (Docket No. 474).

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WHEREAS, on August 15, 2014, the Participating Parties entered into a further stipulation to

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amend the scheduling order to allow time to produce and compile additional data associated with the

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site investigation (Docket No. 475). On August 19, 2014, the Court entered an Order approving the

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Stipulation (Docket No. 477).

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WHEREAS, on December 12, 2014, the Participating Parties entered into a further stipulation

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to amend the scheduling order to allow time to develop a cost estimate and work plan for the proposed

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remediation (Docket No. 478). On the same day the Court entered an Order approving the Stipulation

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(Docket No. 479).

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WHEREAS, on June 2, 2015, the Participating Parties entered into a further stipulation to

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amend the scheduling order to allow additional time to develop a cost estimate and work plan for the
00014050.2
-2STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER
[PROPOSED] ORDER

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proposed remediation and to enter into possible mediation in an effort to resolve the case (Docket No.

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480). On June 15, 2015, the Court entered an Order approving the Stipulation (Docket No. 481).

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WHEREAS, the Participating Parties held a mediation in December of 2015, and since

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that time have continued to negotiate settlement terms among themselves and with the California

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Central Valley Regional Water Quality Control Board; and,

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WHEREAS, the Participating Parties, as defined above, believe they have reached

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agreement on the major terms of a settlement, but require time to draft settlement documents and

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secure approval of those terms by all Participating Parties, including the City of Davis City

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Council; and to secure approval from the Central Valley Regional Water Quality Control Board, a

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process that is likely to require at least another eight weeks; and

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WHEREAS, due to the upcoming trial date, proceeding toward trial on the current schedule

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would unnecessarily direct the Participating Parties’ resources on trial preparation instead of allowing

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the Participating Parties to focus their resources on coordinating with one another in an effort to reach

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and finalize a mutually agreeable resolution and avoid the need for trial.

NOW THEREFORE, the Participating Parties hereby stipulate to extend the existing

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deadlines to the following dates:

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1. Dispositive motion filing deadline is reset to June 23, 2017;

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2. Final pretrial conference is reset to August 20, 2017, or at such time that is convenient
for the Court;

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3. Jury trial is reset for October 22, 2017, or at such time that is convenient for the Court.

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Dated: December 21, 2016

Respectfully submitted,

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KING WILLIAMS LLP

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/s/ Jennifer Hartman King
Jennifer Hartman King

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Attorneys City of Davis

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STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER
[PROPOSED] ORDER

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Dated: December 21, 2016

Respectfully submitted,

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Koeller, Nebeker, Carlson & Haluck, LLP

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/s/ Peter W. Dye (as authorized on December 20, 2016)
Peter W. Dye

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Attorneys for The Davis Center LLC; Emily Stover,
individually, and as Trustee of the Stover Family Trust and
as Personal Representative for Melvin Stover (Deceased);
and Richard Albert Stinchfield, Individually and as Trustee
of the Robert A. Stinchfield Separate Real Property Trust
and as Trustee of the Barbara Ellen Stinchfield
Testamentary Trust

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Dated: December 21, 2016

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Respectfully submitted,
Law Offices of Francis M. Goldsberry
/s/ Francis M. Goldsberry (as authorized on December 20, 2016)
Francis M. Goldsberry

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Attorneys for Potter-Taylor & Company, Potter Long,
Adams & Taylor, Ltd., Davis Center, Potter-Taylor, Inc. and
Potter Taylor & Scurfield Inc.

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Dated: December 21, 2016

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/s/ Keith D. Chidlaw (as authorized on December 20, 2016)
Keith D. Chidlaw

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Attorneys for Charles H. Lewis and Jane W. Lewis
(Deceased)

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Respectfully submitted,
Schuering Zimmerman & Doyle LLP

ORDER
For good cause and pursuant to the above stipulation of the Participating Parties, IT IS
HEREBY ORDERED that:

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1. Dispositive motion filing deadline is reset to June 23, 2017;

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2. Final pretrial conference is reset to August 28, 2017 at 1:30 p.m.

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3. Jury trial is set for October 31, 2017 at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: December 21, 2016

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00014050.2

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STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER
[PROPOSED] ORDER