USA v. Sterling Centrecorp Inc. et al

Filing 317

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/23/17 ORDERING that the deadline for the Plaintiffs' separate or joint reply briefs in support of their respective Motions for Enforcement Costs shall be due on the later of: a) 7/17/17; b) 10 days after the Court has ruled on the Motion to Compel. The date for the hearing on the Motions for Enforcement Costs 305 , 304 shall be 9/29/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Mena-Sanchez, L)

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1 2 3 [The Names and Parties submitting this Document are listed on the two pages immediately following this Caption Page] 4 5 6 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 11 No. 2:08-cv-02556-MCE-DB 12 13 14 15 16 17 18 19 JOINT STIPULATION AND UNITED STATES OF AMERICA, and CALIFORNIA DEPARTMENT OF TOXIC ORDER GRANTING EXTENSION FOR PLAINTIFFS’ REPLY BRIEFS IN SUBSTANCES CONTROL, SUPPORT OF MOTIONS Plaintiffs, FOR ENFORCEMENT COSTS v. Judge: Hon. Morrison C. England, Jr. Trial Date: Not Scheduled STERLING CENTRECORP INC., STEPHEN P. ELDER and ELDER [Complaint Filed: October 27, 2008] DEVELOPMENT, INC., Defendants. 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER RE: EXTENSION FOR REPLY BRIEFS AND HEARING ON MOTION FOR ENFORCEMENT COSTS United States et al. v. Sterling Centrecorp Inc. et al., No. 2:08-CV-02556-MCE-DB 8 PATRICIA L. HURST (DC Bar No. 438882) PETER KRZYWICKI (MI Bar No. P75723) DAVIS FORSYTHE (MA Bar No. 667115) Environmental Enforcement Section Environment & Natural Resources Division U.S. Department of Justice 999 18th Street, South Terrace Suite 370 Denver, CO 80202 Telephone: (303) 844-1391 Facsimile: (303) 844-1350 patricia.hurst@usdoj.gov peter.krzywicki@usdoj.gov davis.forsythe@usdoj.gov 9 ATTORNEYS FOR PLAINTIFF UNITED STATES OF AMERICA 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 XAVIER BECERRA (State Bar No. 118517) Attorney General of California TIMOTHY R. PATTERSON (State Bar No. 72209) Supervising Deputy Attorney General JOHN W. EVERETT (State Bar No. 259481) Deputy Attorney General 600 West Broadway, Suite 1800 San Diego, CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9305 Fax: (619) 645-2271 E-mail: John.Everett@doj.ca.gov 19 20 ATTORNEYS FOR PLAINTIFF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL 21 27 GARY J. SMITH (State Bar No. 141393) GSmith@bdlaw.com KAITLYN D. SHANNON (State Bar No. 296735) KShannon@bdlaw.com BEVERIDGE & DIAMOND, P.C. 456 Montgomery Street, Suite 1800 San Francisco, CA 94104-1251 Telephone: (415) 262-4000 Facsimile: (415) 262-4040 28 ATTORNEYS FOR DEFENDANT STERLING CENTRECORP, INC. 22 23 24 25 26 JOINT STIPULATION AND ORDER RE: EXTENSION FOR REPLY BRIEFS AND HEARING ON MOTION FOR ENFORCEMENT COSTS United States et al. v. Sterling Centrecorp Inc. et al., No. 2:08-CV-02556-MCE-DB 1 WHEREAS, on March 25, 2009, the Court entered the Bifurcation Order (ECF No. 26) 2 separating the discovery and trial of defendants’ liability (“Phase I”) from the discovery and trial 3 on Plaintiffs’ entitlement to response costs (“Phase II”); 4 WHEREAS, only the enforcement costs portion of Plaintiffs United States of America 5 and California Department of Toxic Substances Control (“Plaintiffs”) response costs remains 6 unresolved; 7 WHEREAS, Plaintiffs’ filed separate Motions for Enforcement Costs on February 21, 8 2017 (ECF Nos. 304 and 305), and Sterling filed its Opposition to those motions on April 21, 9 2017 (ECF No. 307); 10 WHEREAS, by stipulation and order of this Court, the deadline for Plaintiffs’ to file a 11 Reply to Sterling’s Opposition is currently set for July 17, 2017, and the hearing on Plaintiffs’ 12 Motions for Enforcement Costs is currently set for July 27, 2017 (ECF No. 314); 13 WHEREAS, Plaintiffs served their Requests for Production (Phase II – Enforcement 14 Costs) and Interrogatories (Phase II – Enforcement Costs) on cost-related matters on May 3, 15 2017, and Sterling served its Responses on June 2, 2017; 16 WHEREAS, Plaintiffs have reviewed Sterling’s Responses and intend to file a Motion to 17 Compel with regard to certain of the Responses, and whereas the Parties met and conferred on 18 June 5, 2017 pursuant to Local Rule 251 but were unable to resolve their disagreement as to the 19 intended Motion to Compel; 20 WHEREAS, Plaintiffs intend to proceed with their Motion to Compel, and the Parties are 21 currently drafting a Joint Statement re Discovery Dispute pursuant to Local Rule 251, which they 22 intend to complete in time for Plaintiffs to timely file their Motion to Compel for a hearing by 23 Magistrate Barnes on July 14, 2017, or as soon thereafter as she may be available to hear the 24 matter; and 25 WHEREAS, judicial economy and the interests of the Parties will be best served if 26 Plaintiffs’ Reply briefing is due and the hearing on Plaintiffs’ Motions for Enforcement Costs is 27 held after the Motion to Compel is resolved; 28 1 JOINT STIPULATION AND ORDER RE: EXTENSION FOR REPLY BRIEFS AND HEARING ON MOTION FOR ENFORCEMENT COSTS United States et al. v. Sterling Centrecorp Inc. et al., No. 2:08-CV-02556-MCE-DB 1 2 IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFFS AND STERLING, BY AND THROUGH THEIR UNDERSIGNED COUNSEL, THAT: 3 Plaintiffs separate or joint reply briefs in support of their respective Motions for 4 Enforcement Costs shall be due on the later of: a) July 17, 2017; b) 10 days after the Court has 5 ruled on the Motion to Compel (if the Motion to Compel is denied); or c) 10 days after Sterling 6 has supplemented its discovery responses and/or produced all additional documents as directed 7 by the Court (if the Motion to Compel is granted in whole or in part); and 8 The hearing on Plaintiffs' Motions for Enforcement Costs shall be continued to August 9 31, 2017. The Parties shall petition the Court to further continue this hearing if it appears likely 10 that Plaintiffs’ reply brief(s) in support of their respective Motions for Enforcement Costs would 11 be due less than seven days before the scheduled hearing date. 12 13 14 Respectfully submitted, FOR THE UNITED STATES OF AMERICA: 15 16 17 18 19 20 /s/ Davis H. Forsythe DAVIS H. FORSYTHE Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice Attorney for Plaintiff United States of America 21 22 23 24 25 26 FOR THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL: /s/ John W. Everett JOHN W. EVERETT Deputy Attorney General Attorney for Plaintiff California Department of Toxic Substances Control 27 28 2 JOINT STIPULATION AND ORDER RE: EXTENSION FOR REPLY BRIEFS AND HEARING ON MOTION FOR ENFORCEMENT COSTS United States et al. v. Sterling Centrecorp Inc. et al., No. 2:08-CV-02556-MCE-DB FOR STERLING CENTRECORP, INC.: 1 /s/ Kaitlyn D. Shannon GARY J. SMITH KAITLYN D. SHANNON BEVERIDGE & DIAMOND, P.C. 2 3 4 Attorneys for Defendant Sterling Centrecorp, Inc.1 5 6 7 ORDER 8 9 10 In accordance with the foregoing stipulation, and good cause appearing, the deadline for the Plaintiffs’ separate or joint reply briefs in support of their respective Motions for 11 12 Enforcement Costs shall be due on the later of: a) July 17, 2017; b) 10 days after the Court has 13 ruled on the Motion to Compel (if the Motion to Compel is denied); or c) 10 days after Sterling 14 has supplemented its discovery responses and/or produced all additional documents as directed 15 by the Court (if the Motion to Compel is granted in whole or in part. In addition, because the 16 August 31, 2017 hearing date requested in the stipulation is unavailable on the Court’s calendar, 17 18 19 after conferring with counsel the date for the hearing on the Motions for Enforcement Costs shall be September 29, 2017 at 2:00 p.m. in Courtroom No. 7. 20 21 IT IS SO ORDERED. Dated: June 23, 2017 22 23 24 25 26 27 28 1 Counsel for Defendant Sterling Centrecorp, Inc. has authorized counsel for the United States to electronically sign and file this Joint Stipulation on its behalf. Counsel for the United States will retain documents evidencing this authorization. 3 JOINT STIPULATION AND ORDER RE: EXTENSION FOR REPLY BRIEFS AND HEARING ON MOTION FOR ENFORCEMENT COSTS United States et al. v. Sterling Centrecorp Inc. et al., No. 2:08-CV-02556-MCE-DB

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