California Department of Toxic Substances Control et al v. Jim Dobbas, Inc. et al

Filing 121

STIPULATION and ORDER 79 signed by Senior Judge William B. Shubb on 3/6/2015 resetting Defendant West Coast Wood Preserving, LLC's Motion for Summary Judgment on 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Court further sets a hearing date on the Motion to Approve the Consent Decree for 7/13/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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Lester O. Brown, State Bar No. 160828
[e-mail]
Thomas M. McMahon, Bar No. 106074
[e-mail]
PERKINS COIE LLP
1888 Century Park East, Suite 1700
Los Angeles, CA 90067-1721
Telephone: [phone]
Facsimile: 310.788.3399
Attorneys for Defendant
West Coast Wood Preserving, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DEPARTMENT OF
TOXIC SUBSTANCES CONTROL
and the TOXIC SUBSTANCES
CONTROL ACCOUNT,
Plaintiffs,
v.
JIM DOBBAS, INC., a California
corporation; CONTINENTAL RAIL,
INC., a Delaware corporation;
DAVID VAN OVER, individually;
PACIFIC WOOD PRESERVING, a
dissolved California corporation; and
WEST COAST WOOD
PRESERVING, LLC, a Nevada
limited liability company,
Defendants.

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Case No. 2:14-cv-00595-WBS-EFB
STIPULATION BY DEFENDANT
WEST COAST WOOD PRESERVING,
LLC AND PLAINTIFFS
CALIFORNIA DEPARTMENT OF
TOXIC SUBSTANCES CONTROL
AND THE TOXIC SUBSTANCES
CONTROL ACCOUNT REGARDING
SETTLEMENT IN PRINCIPLE AND
CONTINUATION OF WEST COAST
WOOD PRESERVING’S MOTION
FOR SUMMARY JUDGMENT;
[PROPOSED] ORDER
Judge:

William B. Shubb

Trial:
Action Filed:

January 4, 2017
March 3, 2014

AND RELATED CROSSCLAIMS
AND COUNTERCLAIMS.

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LEGAL125229078.2

STIPULATION
2:14-CV-00595-WBS-EFB

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STIPULATION

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WHEREAS Plaintiffs California Department of Toxic Substances Control

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and the Toxic Substances Control Account (collectively “Plaintiffs”) filed a

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Complaint in the above-captioned action on March 3, 2014, and filed a First

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Amended Complaint (“FAC”) on December 11, 2014;
WHEREAS Defendant West Coast Wood Preserving, LLC (“WCWP”) filed

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an Answer to the Complaint on June 10, 2014, and an Answer to the FAC on

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January 5, 2015;
WHEREAS WCWP filed a Motion for Summary Judgment (“Motion”) on

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December 15, 2014;
WHEREAS Plaintiffs filed an Opposition to the Motion on February 20,

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2015;
WHEREAS Plaintiffs and WCWP participated in a confidential mediation on

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March 3, 2015;
WHEREAS Plaintiffs and WCWP reached a settlement in principle at the

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mediation pending the completion of a written settlement agreement and the

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completion of the required governmental procedures and Court approval for such a

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settlement;
WHEREAS the Court has set the hearing for WCWP’s Motion on April 6,

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2015;

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IT IS HEREBY STIPULATED by and between Plaintiffs and WCWP that:

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1.

WCWP’s Motion be taken off calendar for April 6, 2015, and

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continued until ten days after this Court holds a hearing on a Motion to Approve the

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[Proposed] Consent Decree Between Plaintiffs and Defendant WCWP (“Motion to

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Approve the Consent Decree”), which will be filed with the Court;

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2.

Plaintiffs and WCWP request that the Court set a hearing date of

July 13, 2015, at 2:00 p.m. for a hearing on the Motion to Approve the Consent
Decree. Should the public comment period required under 42 U.S.C. section
STIPULATION
2:14-CV-00595-WBS-EFB

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9622(d)(2)(B) run longer than anticipated, the parties further stipulate that a request

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may be made for a continuance of the hearing on the Motion to Approve the

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Consent Decree.

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DATED: March 5, 2015

Respectfully submitted,
PERKINS COIE LLP

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By:

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/s/ Lester O. Brown
Lester O. Brown

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Attorneys for Defendant
West Coast Wood Preserving, LLC

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Respectfully submitted,

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DATED: March 5, 2015

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KAMALA D. HARRIS
Attorney General of California
SARAH E. MORRISON
Supervising Deputy Attorney General

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By:

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/s/ Dennis L. Beck, Jr.
Dennis L. Beck, Jr.

Attorneys for Plaintiffs California
Department of Toxic Substances Control and
Toxic Substances Control Account

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ATTESTATION

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I, Lester O. Brown, do hereby declare pursuant to Rule 131(e) of the Local

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Rules of the United States District Court for the Eastern District of California that I

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obtained concurrence in the filing of the foregoing document from Plaintiffs’

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counsel Dennis L. Beck, Jr. on this 5th day of March, 2015.

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/s/ Lester O. Brown

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LEGAL125229078.2

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STIPULATION
2:14-CV-00595-WBS-EFB

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IT IS SO ORDERED. The Motion to Approve the Consent Decree shall be heard

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on July 13, 2015 at 2:00 p.m.

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Motion for Summary Judgment is continued to July 27, 2015 at 2:00 p.m.

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Defendant West Coast Wood Preserving, LLC's

Dated: March 6, 2015

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LEGAL125229078.2

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STIPULATION
2:14-CV-00595-WBS-EFB