Bel Air Mart et al v. Arnold Cleaners, Inc. et al

Filing 102

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/06/11 ORDERING that this action is immediately STAYED through and including January 31, 2012. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BEL AIR MART, a California corporation
and WONG FAMILY INVESTORS, L.P.,
Plaintiffs,

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ORDER APPROVING JOINT
STIPULATION AND GRANTING MOTION
FOR LIMITED STAY

v.

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Case No. 2:10-CV-02392 MCE-EFB

ARNOLD CLEANERS, INC.; et al.,
Defendants.

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Date:
Time:
Courtroom:
Judge:

October 6, 2011
2:00 p.m.
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Morrison England, Jr.

The Joint Stipulation and Motion for a Limited Stay filed by plaintiffs Bel Air Mart and

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Wong Family Investors, L.P. (“Plaintiffs”), and defendants Ralph Armstrong, Yolanda Panattoni,

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Arnold Cleaners, Inc., Han Hoi Joo, Chang Sun Joo, Peter Kim, R. Gern Nagler as Trustee of the

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John W. Burns Testamentary Trust, Robert Gern Nagler, and Arrowood Indemnity Company, as

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alleged insurer of the Estate of John W. Burns, Deceased, and the Estate of Elice G. Burns,

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Deceased, pursuant to California Probate Code §§ 550 et seq.(“Arrowood”) (collectively

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“Defendants”), came before this Court. The matter was deemed appropriate for disposition

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without oral argument in accordance with the provisions of Eastern District Local Rule 230(h).

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After full consideration of the representations and stipulations reflected in the supporting papers

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filed, and the papers and records on file in this action, and good cause appearing therefore, IT IS

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HEREBY ORDERED that the Joint Stipulation and Motion for a Limited Stay is APPROVED

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and GRANTED.
The Court finds that a limited stay of the litigation through and including January 31,

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2012, is justified and appropriate.
1176005.3

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[PROPOSED] ORDER APPROVING JOINT STIPULATION AND GRANTING MOTION FOR LIMITED STAY

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IT IS HEREBY ORDERED that this action is immediately STAYED through and
including January 31, 2012 (“Stay Period”), subject to the following terms and exceptions:

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1.

The parties to this litigation may serve subpoenas to “unrelated third parties”1 that

are directed solely to:

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a.

The location of insurance agreements under which a party may

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assert that an insurance business may be liable to satisfy all or part

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of a possible judgment in the action or to indemnify or reimburse for

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payments made to satisfy the judgment; or

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b.

The location of any currently named defendants in the present

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litigation (including, in the case of named “deceased” defendants,

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their respective insurance carrier(s) who may be identified as a party

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pursuant to Probate Code Section 550) who have not yet been

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served in this action.

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2.

The parties may complete service of their respective previously filed complaint or

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counterclaims against any remaining named defendants that have not yet been located and served,

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including but not limited to any alleged insurers of any named “deceased” defendants pursuant to

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Probate Code Section 550.

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3.

Any person or entity that is served with the Plaintiffs’ First Amended Complaint

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(“Complaint”) or previously filed counterclaims during the Stay Period must timely file a

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responsive pleading thereto in accordance with the deadlines set forth in the Federal Rules of

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Civil Procedure and applicable local rules. Any response required to any responsive pleading,

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including any counterclaims or cross claims filed by a newly served person or entity, will be

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stayed for the remainder of the Stay Period and due no later than 30 days after the expiration of

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the Stay Period.

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For purposes of this Order, “unrelated third parties” means any person or entity that is both: (1) not currently named
in the present litigation as of the date the motion was filed by the parties; and (2) not a past or present principal, board
member, trustee, officer, director, shareholder, partner, employee, contractor, parent corporation, subsidiary,
predecessor, or successor of a party currently named in the present litigation. Separate insurance businesses that a
party may contend is liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for
payments made to satisfy the judgment are expressly considered to be “unrelated third parties”.
1176005.3

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[PROPOSED] ORDER APPROVING JOINT STIPULATION AND GRANTING MOTION FOR LIMITED STAY

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4.

Except as specifically reserved at the end of this paragraph 4, any and all pending

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discovery including, but not limited to, deposition notices and written discovery requests

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presently noticed by the parties to this present litigation, is stayed. Any responses to written

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discovery stayed by the Court pursuant to this Order shall be served within 30 days of the

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expiration of the Stay Period, unless the response period is otherwise extended further by

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agreement of the party propounding the discovery; any deposition previously noticed may be re-

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noticed for a date not earlier than 30 days after the expiration of the Stay Period; and the

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subpoena for documents served by defendant and counterclaimant R. Gern Nagler to Raley’s

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dated July 26, 2011 is deemed withdrawn. All rights and objections to any discovery referenced

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above are maintained by the parties and may be timely asserted after the Stay Period has expired.

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Notwithstanding the above Stipulation for staying of all pending discovery, Arrowood has served

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Plaintiffs with Requests for Production of Documents – Sets One (“Arrowood RFPs”). Plaintiffs

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served responses to the Arrowood RFPs, and have agreed to serve any privilege log associated

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therewith during the pendency of the stay. All existing rights and objections to the Arrowood

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RFPs and any responses provided thereto are maintained by the parties and may be timely

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asserted either after the expiration of Stay Period granted by this Order. Arrowood’s rights to

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move to compel in connection with the Arrowood RFPs, if necessary, are maintained and may be

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timely asserted either after the Stay Period granted by this Order.

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5.

Plaintiffs shall be allowed to continue physical site investigation associated with

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the environmental contamination alleged in this matter, as may be approved by the Regional

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Water Quality Control Board. Plaintiffs shall keep Defendants informed of all such physical site

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investigations, and shall provide Defendants notice and the opportunity to observe and make

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inquiries through counsel regarding the investigations.

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6.

Counsel for the parties hereto, including any parties subsequently served in

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accordance with the Court’s Order, shall meet and confer 90 days from the date of this Order to

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provide an update on: (a) the location of additional insurance agreements under which a party

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may assert that an insurance business may be liable to satisfy all or part of a possible judgment in

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the action or to indemnify or reimburse for payments made to satisfy the judgment of any party;
1176005.3

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[PROPOSED] ORDER APPROVING JOINT STIPULATION AND GRANTING MOTION FOR LIMITED STAY

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(b) timing for the completion of any remaining physical site investigation conducted by Plaintiffs

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per paragraph 5, above; and (c) the possibility of the parties pursing alternative dispute resolution

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(i.e., mediation) within the Stay Period.

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7.

Plaintiffs may file and have heard by the Court a motion for a further extension of

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time in which to serve defendants named in Plaintiffs’ First Amended Complaint in the present

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litigation, which the Court will rule upon in conjunction with stay provided for by this Order.

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8.

The Stay Period provided by the Court shall not be considered, and each party

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agrees not to assert, plead or raise in any fashion any defense or avoidance based upon the

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expiration or running of any statute of limitations or any defense based upon laches, estoppel or

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the lapse or passage of time to occur during the Stay Period provided by this Order.

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9.

If any party seeks relief from this stay, prior to seeking relief from the Court, the

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party seeking such relief from the stay shall be required to meet and confer with the other parties

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to the present litigation regarding the request for relief from the stay and attempt to informally

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resolve the matter prior to filing a request for relief.

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10.

The due date for a further joint status report from the parties is moved from

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November 1, 2011, to February 7, 2012 – one week following the expiration of the Stay Period

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provided by this Order.

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All other litigation proceedings not specifically herein excepted are stayed through

and including January 31, 2012.

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Dated: October 6, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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1176005.3

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[PROPOSED] ORDER APPROVING JOINT STIPULATION AND GRANTING MOTION FOR LIMITED STAY