Lewis, et al v. Russell, et al
Filing
550
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/6/2019 CONTINUING Final Pretrial Conference to 12/9/2019 at 01:30 PM and Jury Trial to 2/25/2020 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Zignago, K.)
1
2
3
4
5
6
7
8
9
10
11
JENNIFER HARTMAN KING (Bar No. 211313)
ALANNA C. LUNGREN (Bar No. 269668)
SARA CUTULI (Bar No. 320954)
HARTMAN KING PC
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
(916) 379-7530
Facsimile:
(916) 379-7535
JHartmanKing@HartmanKingLaw.com
ALungren@HartmanKingLaw.com
BEST, BEST & KRIEGER LLP
HARRIET A. STEINER (Bar No. 109436)
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone:
(916) 325-4000
Facsimile:
(916) 325-4010
Harriet.Steiner@bbklaw.com
Exempt From Filing Fees Pursuant To
Government Code Section 6103
Attorneys for Counter Claimant
CITY OF DAVIS
12
UNITED STATES DISTRICT COURT
13
EASTERN DISTRICT OF CALIFORNIA
14
15
16
Case No.: CIV S-03-2646 WBS AC
CHARLES H. LEWIS AND JANE W.
LEWIS,
STIPULATION TO EXTEND TRIAL AND
OTHER DEADLINES SET FORTH IN
PRETRIAL SCHEDULING ORDER
Plaintiffs,
17
18
v.
19
ROBERT D. RUSSELL, ET AL.,
[PROPOSED] ORDER
20
[LR 144]
Defendants,
Trial Date: October 29, 2019
21
22
23
AND RELATED COUNTER, CROSS AND
THIRD-PARTY CLAIMS.
24
25
26
27
STIPULATION
28
00036410.1
STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
Counter Claimant City of Davis (the “City”); Counter Claimants The Davis Center, LLC,
2
Emily A. Stover, individually and as Trustee of the Stover Family Trust and as Personal
3
Representative for Melvin Stover (Deceased), and Richard Albert Stinchfield, individually and as
4
Trustee of the Robert S. Stinchfield Separate Real Property Trust and as Trustee of the Barbara
5
Ellen Stinchfield Testamentary Trust (collectively, “Landowners”); Counter Claimants Potter
6
Taylor & Co., Potter, Long, Adams & Taylor Ltd., Davis Center, Potter-Taylor, Inc., Potter Taylor
7
& Scurfield, Inc. (collectively, “Potter-Taylor”); and Counter Defendants Charles H. Lewis
8
(Deceased) and Jane W. Lewis (Deceased), Estate of Charles H. Lewis (Deceased) and Robert
9
Zehnder as Personal Representative of Charles H. Lewis (Deceased) (“Lewis”) (the City,
10
Landowners, Potter-Taylor and Lewis are referred to collectively herein as the “Participating
11
Parties”), by and through their respective counsel, hereby stipulate as follows:
12
WHEREAS, on August 12, 2013, The Davis Center moved to amend the scheduling order
13
(Doc. No. 447) and the Participating Parties stipulated to extend the deadlines to disclose experts
14
(Doc. No. 458). On August 30, 2013, the Court entered Orders granting the Motion (Doc. No.
15
457) and approving the Stipulation (Doc. No. 460).
16
WHEREAS, on February 28, 2014, the Participating Parties entered into a further
17
stipulation to amend the scheduling order to allow time to produce and compile data associated
18
with the investigative study (Doc. No. 472). On March 3, 2014, the Court entered an Order
19
approving the Stipulation (Doc. No. 474).
20
WHEREAS, on August 15, 2014, the Participating Parties entered into a further
21
stipulation to amend the scheduling order to allow time to produce and compile additional data
22
associated with the site investigation (Doc. No. 475). On August 19, 2014, the Court entered an
23
Order approving the Stipulation (Doc. No. 477).
24
WHEREAS, on December 12, 2014, the Participating Parties entered into a further
25
stipulation to amend the scheduling order to allow time to develop a cost estimate and work plan
26
for the proposed remediation (Doc. No. 478). On the same day, the Court entered an Order
27
approving the Stipulation (Doc. No. 479).
28
WHEREAS, on June 2, 2015, the Participating Parties entered into a further stipulation to
00036410.1
-2STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
amend the scheduling order to allow additional time to develop a cost estimate and work plan for
2
the proposed remediation and to enter into possible mediation in an effort to resolve the case
3
(Doc. No. 480). On June 15, 2015, the Court entered an Order approving the Stipulation (Doc.
4
No. 481).
5
WHEREAS, the Participating Parties held a mediation in December of 2015, and since
6
that time have continued to negotiate settlement terms among themselves and with the California
7
Regional Water Quality Control Board, Central Valley Region (“Regional Board”).
8
WHEREAS, on December 21, 2016, in light of progress in settlement negotiations, the
9
Participating Parties entered into a further stipulation to amend the scheduling order to allow
10
additional time to draft settlement documents and secure approval of those terms by all
11
Participating Parties (Doc. No. 511). On December 22, 2016, the Court entered an Order
12
approving the Stipulation (Doc. No. 512). Under that Order, the trial in this matter was set to
13
commence on October 31, 2017.
14
WHEREAS, on March 7, 2017, counsel for Lewis filed a Statement of Fact of Death in
15
the above-captioned action (“Action”), suggesting upon the record the death of Charles H. Lewis
16
and Jane W. Lewis (Doc. No. 518).
17
WHEREAS, on May 22, 2017, the Superior Court of California for Yolo County duly
18
appointed Robert Zehnder as Personal Representative of Charles H. Lewis in Case Number
19
PB17-94.
20
21
WHEREAS, on June 15, 2017, the Participating Parties transmitted various settlement
documents to the Regional Board, for its review and approval.
22
WHEREAS, on June 22, 2017, the Participating Parties entered into a stipulation agreeing
23
to substitute: 1) Robert Zehnder, as Personal Representative of Charles H. Lewis as a party to this
24
Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for purposes of
25
the City’s counter claims against Lewis only; and 2) the Estate of Charles H. Lewis (Deceased) as
26
a party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for
27
purposes of the Landowner’s and Potter-Taylor’s respective counter claims against Lewis only
28
(Doc. No. 526).
00036410.1
-3-
STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
WHEREAS, on June 22, 2017, in light of the Participating Parties’ progress in having
2
prepared the various settlement documents and efforts in the process to secure approval of the
3
settlement documents from the Regional Board, the Participating Parties entered into a further
4
stipulation to amend the scheduling order and extend the deadlines by three months (Doc. No.
5
527). On June 23, 2017, the Court entered an Order approving that stipulation (Doc. No. 529).
6
Under that Order, the trial in this matter was set to commence on January 30, 2018.
7
WHEREAS, on September 22, 2017, in light of progress in settlement negotiations, the
8
Participating Parties entered into a further stipulation to amend the scheduling order to allow
9
additional time to revise settlement documents and secure approval of those terms by all
10
Participating Parties (Doc. No. 531). On the same date, the Court entered an Order approving the
11
Stipulation (Doc. No. 532). Under that Order, the trial in this matter was set to commence on
12
May 1, 2018.
13
WHEREAS, on December 13, 2017, counsel for the City filed a Motion for Summary
14
Judgment or, In the Alternative, Summary Adjudication as to Cross-Claimants Jung Hang Suh
15
and Soo Jung Suh (Doc. No. 533) which was heard on February 5, 2018 (Doc. No. 538).
16
17
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).
18
WHEREAS, at that time the Participating Parties had not yet reached agreement on the
19
final terms of the Agreement and Covenant Not to Sue (“CNS”) between the Regional Board, and
20
the Participating Parties, but continued their negotiations.
21
WHEREAS, on January 5, 2018, the Regional Board submitted material revisions and
22
changes to the CNS. On January 18, 2018, counsel for Landowners advised all parties to the
23
CNS that their clients rejected the Regional Board’s material revisions to the CNS and offered
24
alternative language.
25
WHEREAS, on January 25, 2018, in light of continued coordination between the
26
Participating Parties to negotiate the terms of the various settlement documents and the Regional
27
Board’s need for additional time to complete its review of the revised settlement documents, the
28
Participating Parties entered into a further stipulation to amend the scheduling order (Doc. No.
00036410.1
-4STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
536).
2
WHEREAS, on January 26, 2018, the Court entered an Order approving the Stipulation
3
(Doc. No. 537). Under that Order, the trial in this matter was set to commence on August 7,
4
2018, and the pre-trial conference was reset to June 18, 2018.
5
WHEREAS, on February 6, 2018, the Court entered an Order granting the City’s Motion
6
for Summary Judgment or, In the Alternative, Summary Adjudication as to Cross-Claimants Jung
7
Hang Suh and Soo Jung Suh (Doc. No. 539).
8
WHEREAS, on May 11, 2018, in light of continued coordination between the
9
Participating Parties to finalize the various settlement documents, and to avoid unnecessarily
10
directing the Participating Parties’ resources to trial preparation, the Participating Parties entered
11
into a further stipulation to amend the scheduling order (Doc. No. 540).
12
WHEREAS, on May 14, 2018, the Court entered an Order approving the Stipulation (Doc.
13
No. 541). Under that Order, the trial in this matter was set to commence on January 23, 2019, and
14
the pre-trial conference was reset to October 22, 2018.
15
WHEREAS, on September 19, 2018, in light of the Participating Parties’ continuing
16
efforts toward finalizing the various settlement documents between themselves as well as the
17
Regional Board, and in order to obtain final client approval of the near-final settlement
18
documents, the Participating Parties entered into a further stipulation to amend the scheduling
19
order (Doc. No. 542).
20
WHEREAS, on September 21, 2018, the Court entered an Order approving the Stipulation
21
(Doc. No. 543). Under that Order, the trial in this matter was set to commence on April 23, 2019,
22
and the pre-trial conference was reset to January 28, 2019.
23
WHEREAS, on January 7, 2019, in light of the Participating Parties’ progress in finalizing
24
the various settlement documents and obtaining final client approval and in order to allow the
25
Participating Parties and Regional Board time to execute the various settlement documents, the
26
Participating Parties entered into a further stipulation to amend the scheduling order (Doc. No.
27
544).
28
WHEREAS, on January 8, 2019, the Court entered an Order approving the Stipulation
00036410.1
-5STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
(Doc. No. 545). Under that Order, the trial in this matter was set to commence on June 25, 2019,
2
and the pre-trial conference was reset to April 1, 2019.
WHEREAS, on February 14, 2019, the Court entered a Minute Order resetting the pre-
3
4
trial conference from April 1, 2019, to April 15, 2019 (Doc. No. 546).
5
WHEREAS, on March 26, 2019, in light of the Participating Parties’ continuing efforts in
6
finalizing the various settlement documents and coordinating on other final steps to facilitate the
7
resolution of this litigation, such as preparing a Joint Motion for Good Faith Settlement
8
Determination, the Participating Parties entered into a further stipulation to amend the scheduling
9
order (Doc. No. 547).
10
WHEREAS, on April 1, 2019, the Court entered an Order approving the Stipulation (Doc.
11
No. 548). Under that Order, the trial in this matter was set to commence on October 29, 2019,
12
and the pre-trial conference was reset to August 19, 2019.
13
WHEREAS, since the Court’s April 1, 2019, Order resetting the trial date to October 29,
14
2019, the Participating Parties have coordinated with their respective clients and the Regional
15
Board to obtain signatures on the various settlement documents. At this stage, the final settlement
16
documents are fully executed by the Participating Parties and the Regional Board, and the
17
Participating Parties are finalizing the Joint Motion for Good Faith Settlement Determination that
18
the Participating Parties will be filing with the Court.
19
WHEREAS, due to the upcoming October 29, 2019, trial date, proceeding toward trial on
20
the current schedule would unnecessarily direct the Participating Parties’ resources to trial
21
preparation. An extension of the existing deadlines by approximately four months will allow the
22
Participating Parties to focus their resources on finalizing the Joint Motion for Good Faith
23
Settlement Determination, allow the motion to be heard by the Court and avoid the need for trial.
24
///
25
///
26
///
27
///
28
///
00036410.1
-6-
STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
2
3
NOW THEREFORE, the Participating Parties hereby stipulate to extend the existing
deadlines to the following dates:
1. Final pre-trial conference is reset to December 16, 2019, or at such time that is
convenient for the Court; and
4
5
2. Jury trial is reset for February 25, 2020, or at such time that is convenient for the
Court.
6
7
8
Dated: August 6, 2019
9
Respectfully submitted,
Law Offices of Francis M. Goldsberry
10
By: /s/ Francis M. Goldsberry (as authorized on Aug 6, 2019)
Francis M. Goldsberry
11
12
Attorneys for Counter Claimants Potter-Taylor & Co.; Potter, Long,
Adams & Taylor, Ltd.; Davis Center; Potter-Taylor, Inc. and Potter
Taylor & Scurfield, Inc.
13
14
15
Dated: August 6, 2019
16
Respectfully submitted,
Hartman King, PC
17
By: /s/ Jennifer Hartman King
Jennifer Hartman King
18
19
Attorneys for Counter Claimant City of Davis
20
21
Dated: August 6, 2019
Respectfully submitted,
Koeller, Nebeker, Carlson & Haluck, LLP
22
23
By: /s/ Peter Dye (as authorized on Aug. 6, 2019)
Peter Dye
24
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
25
26
27
28
00036410.1
-7-
STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
1
Dated: August 6, 2019
2
Respectfully submitted,
Schuering Zimmerman & Doyle LLP
3
By: /s/ Keith D. Chidlaw (as authorized on Aug. 6, 2019)
Keith D. Chidlaw
4
5
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)
6
7
8
9
10
ORDER
For good cause and pursuant to the above stipulation of the Participating Parties, IT IS
HEREBY ORDERED that:
11
1. Final pre-trial conference is reset to December 9, 2019 at 1:30 p.m.;
12
2. Jury trial is reset for February 25, 2020 at 9:00 a.m.
13
IT IS SO ORDERED.
14
Dated: August 6, 2019
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00036410.1
-8-
STIPULATION TO EXTEND TRIAL AND OTHER DEADLINES SET FORTH IN PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?