Lewis, et al v. Russell, et al

Filing 537

STIPULATION and ORDER for continuance 536 signed by Senior Judge William B. Shubb on 1/26/2018 resetting the Final Pretrial Conference for 6/18/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is reset for 8/7/2018 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)
HARTMAN KING PC
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

HARTMAN KING PC
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: May 1, 2018

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AND RELATED COUNTER, CROSS AND
THIRD-PARTY CLAIMS.

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00021405.1

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 Taylor

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

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(Deceased) and Jane W. Lewis (Deceased), Estate of Charles H. Lewis (Deceased) and Robert

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Zehnder as Personal Representative of Charles H. Lewis (Deceased) (“Lewis”) (The City,

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Landowners, Potter-Taylor and Lewis are referred to collectively herein as the “Participating

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Parties”), by and through 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).
00021405.1

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

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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

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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 was 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
00021405.1
-3STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER

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(Doc. No. 526).

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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 (“Regional Board”), the Participating Parties entered into a further stipulation to amend

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the scheduling order and extend the deadlines by three months (Doc. No. 527). On June 23,

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2017, the Court entered an Order approving that stipulation (Doc. No. 529). Under that Order,

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the trial in this matter was set to commence on January 30, 2018.

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WHEREAS, on September 22, 2017, 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 redraft settlement documents and secure approval of those terms by all

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Participating Parties (Doc. No. 531). On the same date, the Court entered an Order approving the

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Stipulation (Doc. No. 532). Under that Order, the trial in this matter is set to commence on May

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1, 2018.

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WHEREAS, on December 13, 2017, counsel for City filed a Motion for Summary

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Judgment or, In the Alternative, Summary Adjudication as to Cross-Claimants Jung Hang Suh

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and Soo Jung Suh (Doc. No. 533) which is scheduled to be heard on February 5, 2018.

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WHEREAS, on December 14, 2017, the Court issued its own Minute Order continuing
the Pretrial Conference from February 26, 2018 to March 12, 2018 (Doc. No. 534).

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WHEREAS, since the Court’s September 22, 2017 Order resetting the trial date to May 1,

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2018, the Participating Parties have continued to coordinate to finalize the various settlement

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documents, the process for which included a public notice and comment period. In addition, the

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Regional Board required an additional amount of time to perform its final review of the

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settlement documents.

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WHEREAS, the Participating Parties, however, have not yet reached agreement on the

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final terms of the Agreement and Covenant Not to Sue (“CNS”) between the Regional Board, and

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the Participating Parties, but are continuing their negotiations. On January 5, 2018, the Regional

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Board submitted material revisions and changes to the CNS. On January 18, 2018, counsel for
00021405.1
-4STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER

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Landowners advised all parties to the CNS that their clients rejected the Regional Board’s

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material revisions to the CNS and offered alternative language. The Participating Parties and the

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Regional Board continue to negotiate the terms, but have yet to finalize the terms and require

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additional time in light of the above-described circumstances and the difficulty of obtaining

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timely approval of material language to the CNS.

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WHEREAS, due to the upcoming May 1, 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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An extension of the existing deadlines by approximately three months will allow the Participating

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Parties to focus their resources on coordinating with one another and the Regional Board, in an effort

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to finalize the settlement among the Participating Parties and avoid the need for trial.

NOW THEREFORE, the Participating Parties hereby stipulate to extend the existing
deadlines to the following dates:
1. Final pre-trial conference is reset to June 20, 2018, or at such time that is convenient for
the Court; and

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2. Jury trial is reset for August 1, 2018, or at such time that is convenient for the Court.
Dated: January 26, 2018

Respectfully submitted,

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Law Offices of Francis M. Goldsberry
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By: /s/ Francis M. Goldsberry (as authorized on Jan. 25, 2018)
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: January 26, 2018

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Respectfully submitted,
Hartman King, PC

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By: /s/ Jennifer Hartman King
Jennifer Hartman King

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00021405.1

Attorneys for Counter Claimant 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: January 26, 2018

Respectfully submitted,
Koeller, Nebeker, Carlson & Haluck, LLP

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By: /s/ Peter Dye (as authorized on Jan. 25, 2018)
Peter Dye

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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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Dated: January 26, 2018

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Respectfully submitted,
Schuering Zimmerman & Doyle LLP

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By: /s/ Keith D. Chidlaw (as authorized on Jan. 25, 2018)
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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ORDER

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

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1. Final pre-trial conference is reset to June 18, 2018 at 1:30 p.m.;

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2. Jury trial is reset for August 7, 2018 at 9:00 a.m.

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IT IS SO ORDERED.
Dated: January 26, 2018

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00021405.1

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