USA v. Sterling Centrecorp Inc. et al

Filing 313

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/4/17 GRANTING Extension for Plaintiff's Reply Briefs in support of Motions for enforcement costs. Plaintiff's Reply briefs shall be filed not later than 7/17/2017.(Mena-Sanchez, L)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
TIMOTHY R. PATTERSON
State Bar No. 72209
Supervising Deputy Attorney General
JOHN W. EVERETT
Deputy Attorney General
State Bar No. 259481
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff California Department of
Toxic Substances Control

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and
CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,

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v.

2:08-cv-02556-MCE-DB

STIPULATION AND ORDER
GRANTING EXTENSION FOR
Plaintiffs, PLAINTIFFS’ REPLY BRIEFS IN
SUPPORT OF MOTIONS FOR
ENFORCEMENT COSTS
Judge:

The Honorable Morrison C.
England, Jr.
Trial Date:
Not Scheduled
Action Filed: June 22, 2007

STERLING CENTRECORP INC.,
STEPHEN P. ELDER, and ELDER
DEVELOPMENT, INC.,
Defendants.

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Stipulation to Extend Reply Deadline (2:08-cv-02556-MCE-DB)

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WHEREAS, on March 25, 2009, the Court entered the Bifurcation Order (ECF No. 26)

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separating the discovery and trial of defendants’ liability (“Phase I”) from the discovery and trial

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on plaintiffs’ entitlement to response costs (“Phase II”);

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WHEREAS, only the enforcement costs portion of Plaintiffs United States of America and

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California Department of Toxic Substances Control (“Plaintiffs”) response costs remains

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unresolved;

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WHEREAS, on September 8, 2015, the Court signed a Stipulation and Order (ECF No.

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244) providing that (a) on or before 60 days after the conclusion of the Phase II trial, Plaintiffs

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shall file a motion seeking enforcement costs, which are a subset of the response costs being

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litigated in Phase II; (b) on or before 60 days after Plaintiffs’ deadline to file a motion seeking

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enforcement costs, if Defendant Sterling Centrecorp, Inc. (“Sterling”) decides a response is

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necessary, Sterling shall file a response in opposition to Plaintiffs’ motion for enforcement costs;

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and (c) on or before 21 days after Sterling’s deadline to file its response, if Plaintiffs decide a

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reply is necessary, Plaintiffs shall file their reply;

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WHEREAS, on October 24, 2016, the Court signed a Stipulation and Order (ECF No. 301)

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staying the deadlines in the Court’s September 8, 2015 Order until December 21, 2016 to provide

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the Parties time to negotiate a settlement of enforcement costs. The stipulated schedule for

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briefing and discovery related to Plaintiffs’ motion for enforcement costs would commence when

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the stay ended on December 21, 2016 if the Parties were unable to settle the issue of enforcement

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costs;

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WHEREAS, the Parties did not settle the issue of enforcement costs, Plaintiffs’ filed

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separate Motions for Enforcement Costs on February 21, 2017, Sterling filed its Opposition to

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those motions on April 21, 2017, and Plaintiffs’ reply briefs are due on May 12, 2017;

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WHEREAS, Plaintiffs and Sterling stipulated on January 31, 2017 that, “[s]hould Plaintiffs

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seek discovery of Sterling and require additional time to prepare their reply brief, Sterling will not

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oppose Plaintiffs’ request to stay their reply deadline up to 45 days after Sterling serves its

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response to written discovery”;

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Stipulation to Extend Reply Deadline (2:08-cv-02556-MCE-DB)

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WHEREAS, Plaintiffs now seek discovery of Sterling and require additional time to

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prepare their reply brief, and Plaintiffs and Sterling agree to extend the deadline for Plaintiffs’

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reply briefs to 45 days after Sterling serves its responses to written discovery; and

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WHEREAS, Plaintiff DTSC also moved for enforcement costs against Defendants Stephen

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P. Elder and Elder Development, Inc. (collectively, the “Elder Defendants”), the Elder

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Defendants have filed no opposition to DTSC’s Motion for Enforcement Costs, and DTSC’s

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reply brief shall therefore address only the arguments raised in Sterling’s Opposition;

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IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFFS AND STERLING,
BY AND THROUGH THEIR UNDERSIGNED COUNSEL, THAT:

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1.

Plaintiffs separate or joint reply briefs in support of their respective Motions for

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Enforcement Costs are due on July 17, 2017, forty-five (45) days after the date on which

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Sterling’s responses to written discovery propounded by Plaintiffs must be served.

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For Defendant Sterling Centrecorp, Inc.

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May 3, 2017
DATED

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/s/ Gary J. Smith
GARY J. SMITH
Beveridge & Diamond, P.C.
456 Montgomery Street , Suite 1800
San Francisco, CA 94104

For Plaintiff United States of America

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May 3, 2017
DATED

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/s/ Patricia L. Hurst
PATRICIA L. HURST
Senior Counsel
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
PO Box 7611
Washington, DC 20044-7611

Counsel for Defendant Sterling Centrecorp, Inc. has authorized the California Department of
Toxic Substances Control to electronically sign and file this Stipulation on its behalf. The
Department of Toxic Substances Control will retain documents evidencing this authorization.

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///

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///
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Stipulation to Extend Reply Deadline (2:08-cv-02556-MCE-DB)

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For Plaintiff Department of Toxic Substances Control

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XAVIER BECERRA
Attorney General of California
TIMOTHY R. PATTERSON
Supervising Deputy Attorney General

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May 3, 2017
DATED

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/s/ John W. Everett
JOHN EVERETT
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92186

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ORDER

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In accordance with the foregoing stipulation, and good cause appearing, Plaintiff’s reply
briefs shall be filed not later than July 17, 2017.
IT IS SO ORDERED.
Dated: May 4, 2017

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Stipulation to Extend Reply Deadline (2:08-cv-02556-MCE-DB)