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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[The Names and Parties
submitting this Document
are listed on the two pages
immediately following
this Caption Page]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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No. 2:08-cv-02556-MCE-DB

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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.

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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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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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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ATTORNEYS FOR PLAINTIFF UNITED STATES OF AMERICA

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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 (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: [phone]
Fax: [phone]
E-mail: [e-mail]

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ATTORNEYS FOR PLAINTIFF
CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL

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GARY J. SMITH (State Bar No. 141393)
[e-mail]
KAITLYN D. SHANNON (State Bar No. 296735)
[e-mail]
BEVERIDGE & DIAMOND, P.C.
456 Montgomery Street, Suite 1800
San Francisco, CA 94104-1251
Telephone: [phone]
Facsimile: [phone]

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ATTORNEYS FOR DEFENDANT STERLING CENTRECORP, INC.

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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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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

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

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unresolved;

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WHEREAS, Plaintiffs’ filed separate Motions for Enforcement Costs on February 21,

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2017 (ECF Nos. 304 and 305), and Sterling filed its Opposition to those motions on April 21,

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2017 (ECF No. 307);

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WHEREAS, by stipulation and order of this Court, the deadline for Plaintiffs’ to file a

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Reply to Sterling’s Opposition is currently set for July 17, 2017, and the hearing on Plaintiffs’

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Motions for Enforcement Costs is currently set for July 27, 2017 (ECF No. 314);

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WHEREAS, Plaintiffs served their Requests for Production (Phase II – Enforcement

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Costs) and Interrogatories (Phase II – Enforcement Costs) on cost-related matters on May 3,

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2017, and Sterling served its Responses on June 2, 2017;

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WHEREAS, Plaintiffs have reviewed Sterling’s Responses and intend to file a Motion to

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Compel with regard to certain of the Responses, and whereas the Parties met and conferred on

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June 5, 2017 pursuant to Local Rule 251 but were unable to resolve their disagreement as to the

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intended Motion to Compel;

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WHEREAS, Plaintiffs intend to proceed with their Motion to Compel, and the Parties are

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currently drafting a Joint Statement re Discovery Dispute pursuant to Local Rule 251, which they

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intend to complete in time for Plaintiffs to timely file their Motion to Compel for a hearing by

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Magistrate Barnes on July 14, 2017, or as soon thereafter as she may be available to hear the

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matter; and

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WHEREAS, judicial economy and the interests of the Parties will be best served if

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Plaintiffs’ Reply briefing is due and the hearing on Plaintiffs’ Motions for Enforcement Costs is

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held after the Motion to Compel is resolved;

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

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

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Enforcement Costs shall be due on the later of: a) July 17, 2017; b) 10 days after the Court has

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ruled on the Motion to Compel (if the Motion to Compel is denied); or c) 10 days after Sterling

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has supplemented its discovery responses and/or produced all additional documents as directed

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by the Court (if the Motion to Compel is granted in whole or in part); and

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The hearing on Plaintiffs' Motions for Enforcement Costs shall be continued to August

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31, 2017. The Parties shall petition the Court to further continue this hearing if it appears likely

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that Plaintiffs’ reply brief(s) in support of their respective Motions for Enforcement Costs would

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be due less than seven days before the scheduled hearing date.

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Respectfully submitted,
FOR THE UNITED STATES OF AMERICA:

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/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

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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

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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.:

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/s/ Kaitlyn D. Shannon
GARY J. SMITH
KAITLYN D. SHANNON
BEVERIDGE & DIAMOND, P.C.

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Attorneys for Defendant
Sterling Centrecorp, Inc.1

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ORDER

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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

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Enforcement Costs shall be due on the later of: a) July 17, 2017; b) 10 days after the Court has

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ruled on the Motion to Compel (if the Motion to Compel is denied); or c) 10 days after Sterling

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has supplemented its discovery responses and/or produced all additional documents as directed

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by the Court (if the Motion to Compel is granted in whole or in part. In addition, because the

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August 31, 2017 hearing date requested in the stipulation is unavailable on the Court’s calendar,

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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.

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IT IS SO ORDERED.
Dated: June 23, 2017

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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.
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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