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

Filing 258

ORDER signed by Chief Judge Morrison C. England, Jr on 5/29/14: The Court's July 25, 2013 Amended Pretrial Scheduling Order 202 is VACATED. A Second Amended Pretrial Scheduling Order is forthcoming. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BEL AIR MART, et al.,

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No. 2:10-cv-02392-MCE-EFB

Plaintiffs,
v.

ORDER

ARNOLD CLEANERS, INC. et al.,

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Defendants.

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In September 2010, Plaintiffs Bel Air Mart and Wong Family Investors, L.P.

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(collectively, “Plaintiffs”), filed this environmental cleanup action against numerous

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Defendants. Plaintiffs seek recovery for property damage and cleanup costs caused by

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contamination from a dry cleaning facility (“the Facility”) formerly operated on the real

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property located at the southeast corner of Arden Way and Eastern Avenue in

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Sacramento, California (the “Property”). This case was stayed on multiple occasions,

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notably from October 6, 2011, to January 31, 2012, from June 4, 2012 to October 31,

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2012, and from June 5, 2013, until October 31, 2013. See, e.g., ECF No. 198.

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Discovery in this case is ongoing and currently closes on July 25, 2014. See PTSO,

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ECF No. 202.

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On May 19, 2014, Bel Air Mart, Wong Family Investors, L.P., R. Gern Nagler as
Trustee of the John W. Burns Testamentary Trust, Robert Gern Nagler, Ralph
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Armstrong, Yolanda Panattoni, Arnold Cleaners, Inc., Han Hoi Joo, Chang Sun Joo,

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Peter Kim, and The Estate of Ronald G. Armstrong, Deceased, by and through its

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alleged insurer Century Indemnity Company, as successor to CCI Insurance Company,

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as successor to Insurance Company of North America, pursuant to California Probate

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Code section 550 et seq., (collectively, “Requesting Parties”) jointly stipulated to an

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extension of the deadlines set forth in this Court’s Amended Pretrial Scheduling Order,

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ECF No. 202, by approximately two months. ECF Nos. 255, 257. The Requesting

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Parties request additional time to conserve “their limited financial resources while they

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pursue a global settlement of this litigation.” ECF No. 257.1 Defendant Arrowood

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Indemnity Company, as alleged insurer of The Estate of Elise G. Burns, Deceased, and

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The Estate of John W. Burns, Deceased, (“Arrowood”), opposes the Requesting Parties’

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application. ECF No. 256.2

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The Court finds that good cause exists to modify the Amended Pretrial Scheduling

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Order for a relatively brief extension of approximately two months. The Requesting

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Parties’ application, ECF No. 255, is GRANTED. The Court’s July 25, 2013 Amended

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Pretrial Scheduling Order, ECF No. 202, is VACATED. A Second Amended Pretrial

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Scheduling Order is forthcoming.3

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IT IS SO ORDERED.

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Dated: May 29, 2014

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The Requesting Parties state that “[i]f the Court is willing to grant the requested extension, the
Requesting Parties have agreed to voluntarily postpone substantial discovery activities until after
[additional] mediation, allowing the parties to focus their time, efforts and limited resources on settlement.”
ECF No. 257.
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All parties who have appeared in this action with the exception of Arrowood joined the stipulation
and request. See ECF Nos. 255 at 4 n.1; 257 at 5.
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The new fact discovery cut-off in this matter is September 25, 2014. The Final Pretrial
Conference will be held on May 28, 2015 and the Jury Trial is set for July 20, 2015. The Second Amended
Pretrial Scheduling Order will contain all of the new deadlines and dates for this matter.

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