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

Filing 123

STIPULATION and ORDER 122 signed by Senior Judge William B. Shubb on 3/19/2015 DENYING request to continue Dobbas' Motion for Summary Judgment: The court cannot continue the hearing on this motion for the length of time requested. The mot ion remains scheduled for hearing at 2:00 p.m. on 4/6/2015. If the parties do not wish to submit the motion for decision at that time, they may alternatively agree that the motion be withdrawn, without prejudice to being refiled at a later date consistent with the court's Pretrial Scheduling Order. (Kirksey Smith, K)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
SARAH E. MORRISON, State Bar No. 143459
Supervising Deputy Attorney General
LAURA ZUCKERMAN (Counsel for service)
State Bar No. 161896
DENNIS L. BECK, JR., State Bar No. 179492
Deputy Attorneys General
1515 Clay Street, 20th Floor
Oakland, CA 94612
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs California
Department of Toxic Substances Control and Toxic
Substances Control Account

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL and the TOXIC
SUBSTANCES CONTROL ACCOUNT,

2:14-cv-00595-WBS-EFB

STIPULATION BY PLAINTIFFS AND
DEFENDANT JIM DOBBAS, INC.,
Plaintiffs, REGARDING SETTLEMENT IN
PRINCIPLE AND CONTINUATION OF
v.
HEARING ON JIM DOBBAS, INC.’S
MOTION FOR SUMMARY JUDGMENT;
JIM DOBBAS, INC., a California
[PROPOSED] ORDER
corporation; CONTINENTAL RAIL, INC.,
a Delaware corporation; DAVID VAN
OVER, individually; PACIFIC WOOD
Judge:
William B. Shubb
PRESERVING, a dissolved California
corporation; WEST COAST WOOD
Trial:
January 4, 2017
PRESERVING, LLC., a Nevada limited
Action Filed: March 3, 2014
liability company; and COLLINS &
AIKMAN PRODUCTS, LLC, a Delaware
limited liability company,
Defendants.

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AND RELATED COUNTERCLAIMS AND
CROSS-CLAIMS

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STIPULATED REQUEST TO CONTINUE HEARING AND PROPOSED ORDER (2:14-cv-00595-WBS-EFB)

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STIPULATION
WHEREAS Plaintiffs California Department of Toxic Substances Control and the Toxic
Substances Control Account (collectively “Plaintiffs”) filed a Complaint in the above-captioned
action on March 3, 2014 (ECF No. 1), and filed a First Amended Complaint (“FAC”) on
December 11, 2014 (ECF No. 77).
WHEREAS Defendant Jim Dobbas, Inc. (“Dobbas”) filed an Answer to the Complaint on
June 10, 2014 (ECF No. 23), and an Answer to the FAC on December 24, 2014 (ECF No. 85).
WHEREAS Dobbas filed a Motion for Summary Judgment (“Motion”) on March 2, 2015
(ECF No. 116) and a hearing on that Motion is set for April 6, 2015.
WHEREAS Plaintiffs and Dobbas (collectively, “the Parties”) have engaged in settlement
negotiations and reached a settlement in principle. The Parties believe that a continuance of the
hearing on Dobbas’ Motion is appropriate and necessary in order to allow the Parties time to
further negotiate and finalize the terms of a settlement. Such continuance will conserve both the
Parties’ and the Court’s resources in this matter.
IT IS HEREBY STIPULATED by and between the Parties that the hearing on Dobbas’
Motion be continued for four (4) weeks, to May 4, 2015, to allow the Parties time to further
negotiate and finalize a settlement in this matter.

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STIPULATED REQUEST TO CONTINUE HEARING AND PROPOSED ORDER (2:14-cv-00595-WBS-EFB)

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Dated: March 18, 2015

Respectfully submitted,

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

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/s/ Dennis L. Beck, Jr.

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DENNIS L. BECK, JR.
Deputy Attorney General
Attorneys for Plaintiffs California
Department of Toxic Substances Control and
Toxic Substances Control Account

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Dated: March 18, 2015

Respectfully submitted,

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KING WILLIAMS & GLEASON, LLP

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/s/ Nicole R. Gleason (as authorized on
March 18, 2015)

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NICOLE R. GLEASON
Attorneys for Defendant Jim Dobbas, Inc.

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ATTESTATION
I, Dennis L. Beck, Jr., do hereby declare pursuant to Rule 131(e) of the Local Rules of the

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United States District Court for the Eastern District of California that I obtained concurrence in

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the filing of the foregoing document from Nicole R. Gleason, counsel for defendant Jim Dobbas

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Inc., on this 18th day of March, 2015.

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/s/ Dennis L. Beck, Jr.

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STIPULATED REQUEST TO CONTINUE HEARING AND PROPOSED ORDER (2:14-cv-00595-WBS-EFB)

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ORDER
The court cannot continue the hearing on this motion for the length of time

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requested. The motion remains scheduled for hearing at 2:00 p.m. on April 6, 2015. If the parties

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do not wish to submit the motion for decision at that time, they may alternatively agree that the

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motion be withdrawn, without prejudice to being refiled at a later date consistent with the court’s

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Pretrial Scheduling Order.

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Dated: March 19, 2015

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STIPULATED REQUEST TO CONTINUE HEARING AND PROPOSED ORDER (2:14-cv-00595-WBS-EFB)