Lewis, et al v. Russell, et al

Filing 532

STIPULATION and ORDER 531 signed by Senior Judge William B. Shubb on 9/22/2017 continuing the Dispositive Motions deadline to 12/15/2017. The Final Pretrial Conference is reset for 2/26/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is reset for 5/1/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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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 Counter Claimant
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,

[LR 144]
Trial Date: January 30, 2018

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AND RELATED COUNTER, CROSS AND
THIRD-PARTY CLAIMS.

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

STIPULATION

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Counter Claimant City of Davis (the “City”); Counter Claimants The Davis Center, LLC,

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Emily A. Stover, individually and as Trustee of the Stover Family Trust and as Personal

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Representative for Melvin Stover (Deceased), and Richard Albert Stinchfield, individually and as

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Trustee of the Robert S. Stinchfield Separate Real Property Trust and as Trustee of the Barbara

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Ellen Stinchfield Testamentary Trust (collectively, “Landowners”); Counter Claimants Potter

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

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Taylor & Scurfield, Inc. (collectively, “Potter-Taylor”); and Counter Defendants Charles H.

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Lewis (Deceased) and Jane W. Lewis (Deceased) (“Lewis”) (The City, Landowners, Potter-

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Taylor and Lewis are referred to collectively herein as the “Participating Parties”), by and through

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their respective counsel, 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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(Doc. No. 447) and the Participating Parties stipulated to extend the deadlines to disclose experts

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(Doc. No. 458). On August 30, 2013, the Court entered Orders granting the Motion (Doc. No. 457)

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and approving the Stipulation (Doc. 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 (Doc. No. 472). On March 3, 2014, the Court entered an Order approving the

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Stipulation (Doc. 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 (Doc. No. 475). On August 19, 2014, the Court entered an Order approving the

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Stipulation (Doc. 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 (Doc. No. 478). On the same day, the Court entered an Order approving the Stipulation

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(Doc. No. 479).

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WHEREAS, on June 2, 2015, the Participating Parties entered into a further stipulation to
-2STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER

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

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

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480). On June 15, 2015, the Court entered an Order approving the Stipulation (Doc. 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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Regional Water Quality Control Board, Central Valley Region.

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WHEREAS, on December 21, 2016, in light of progress in settlement negotiations, the

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Participating Parties entered into a further stipulation to amend the scheduling order to allow

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additional time to draft settlement documents and secure approval of those terms by all

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Participating Parties (Doc. No. 511). On December 22, 2016, the Court entered an Order

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approving the Stipulation (Doc. No. 512). Under that Order, the trial in this matter is set to

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commence on October 31, 2017.

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WHEREAS, on March 7, 2017, counsel for Lewis filed a Statement of Fact of Death in

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the above-captioned action (“Action”), suggesting upon the record the death of Charles H. Lewis

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and Jane W. Lewis (Doc. No. 518).

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WHEREAS, on May 22, 2017, the Superior Court of California for Yolo County duly

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appointed Robert Zehnder as Personal Representative of Charles H. Lewis in Case Number

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PB17-94.

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WHEREAS, on June 15, 2017, the Participating Parties transmitted various settlement

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documents to the California Regional Water Quality Control Board, Central Valley Region, for its

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review and approval.

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WHEREAS, on June 22, 2017, the Participating Parties entered into a stipulation agreeing

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to substitute: 1) Robert Zehnder, as Personal Representative of Charles H. Lewis as a party to this

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Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for purposes of

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the City’s counter claims against Lewis only; and 2) the Estate of Charles H. Lewis (Deceased) as

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a party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for

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purposes of the Landowner’s and Potter-Taylor’s respective counter claims against Lewis only

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(Doc. No. 526).
-3STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER

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WHEREAS, on June 22, 2017, in light of the Participating Parties’ progress in having

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prepared the various settlement documents and efforts in the process to secure approval of the

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settlement documents from the California Regional Water Quality Control Board, Central Valley

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Region, the Participating Parties entered into a further stipulation to amend the scheduling order

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and extend the deadlines by three months (Doc. No. 527). On June 23, 2017, the Court entered an

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Order approving that stipulation (Doc. No. 529). Under that Order, the trial in this matter is set to

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commence on January 30, 2018.

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WHEREAS, as previously mentioned to the Court’s clerk, the City plans to file a

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dispositive motion as to the non-participating parties, Jung Hang Suh and Soo Jung Suh, and in

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order to accommodate the Court’s hearing calendar, and specifically in light of the upcoming pre-

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trial conference date of November 20, 2017, the Court advised the City that the pre-trial

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conference date would need to be rescheduled;

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WHEREAS, the Participating Parties, believe they have reached agreement on the major

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terms of settlement, have prepared the various settlement documents and are in the stages of

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finalizing those documents, but continue to require additional time in order to secure approval of

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the settlement documents from the California Regional Water Quality Control Board, Central

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Valley Region, the process for which includes a public notice and comment period, and will

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likely require at least another three months to complete; and

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WHEREAS, due to the upcoming January 30, 2018, trial date, proceeding toward trial on the

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current schedule would unnecessarily direct the Participating Parties’ resources to trial preparation.

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As well, rescheduling the pre-trial conference date is necessary to accommodate the Court’s hearing

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availability for dispositive motions in this Action.

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approximately three months will allow the Participating Parties to focus their resources on

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coordinating with one another and the California Regional Water Quality Control Board, Central

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Valley Region, in an effort to finalize the settlement among the Participating Parties and avoid the

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need for trial.

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An extension of the existing deadlines by

-4STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER

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NOW THEREFORE, the Participating Parties hereby stipulate to extend the existing
deadlines to the following dates:

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1. Dispositive motion filing deadline is reset to December 15, 2017;

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2. Final pre-trial conference is reset to February 20, 2018, or at such time that is

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convenient for the Court;

3. Jury trial is reset for April 30, 2018, or at such time that is convenient for the Court.
Dated: September 21, 2017

Respectfully submitted,

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Law Offices of Francis M. Goldsberry
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By: /s/ Francis M. Goldsberry (as authorized on Sept. 21, 2017)
Francis M. Goldsberry

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Attorneys for Counter Claimants Potter-Taylor & Co.; Potter, Long,
Adams & Taylor, Ltd.; Davis Center; Potter-Taylor, Inc. and Potter
Taylor & Scurfield, Inc.

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Dated: September 21, 2017

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Respectfully submitted,
King Williams LLP

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By: /s/ Jennifer Hartman King
Jennifer Hartman King

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Attorneys for Counter Claimant City of Davis

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Dated: September 22, 2017

Respectfully submitted,

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Koeller, Nebeker, Carlson & Haluck, LLP
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By: /s/ Peter Dye (as authorized on Sept. 22, 2017)
Peter Dye
Attorneys for Counter Claimants The Davis Center, LLC; Emily A.
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 S. Stinchfield Separate Real Property Trust and as Trustee
of the Barbara Ellen Stinchfield Testamentary Trust

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-5STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER

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Dated: September 21, 2017

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Respectfully submitted,
Schuering Zimmerman & Doyle LLP
By: /s/ Keith D. Chidlaw (as authorized on Sept. 21, 2017)
Keith D. Chidlaw

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Attorneys for Counter Defendants Charles H. Lewis (Deceased) and
Jane W. Lewis (Deceased), Robert Zehnder, as Personal
Representative of Charles H. Lewis, and Estate of Charles H. Lewis
(Deceased)

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[PROPOSED] ORDER

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For good cause and pursuant to the above stipulation of the Participating Parties, IT IS
HEREBY ORDERED that:
1. Dispositive motion filing deadline is reset to December 15, 2017;
2. Final pre-trial conference is reset to February 26, 2018 at 1:30 p.m.;
3. Jury trial is reset for May 1, 2018 at 9:00 a.m.

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IT IS SO ORDERED.
Dated: September 22, 2017

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-6STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER