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

Filing 125

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/20/2015. ORDERING defendant Jim Dobbas' 116 Motion for Summary Judgment WITHDRAWN WITHOUT PREJUDICE to being refiled at a later date consistent with the Court's Pretrial Scheduling Order. The 4/6/2015 motion hearing date before Judge Shubb is VACATED. (Shaddox-Waldrop, A)

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NICOLE R. GLEASON (Bar No. 199655)
LOUINDA V. LACEY (Bar No. 275888)
KING WILLIAMS & GLEASON LLP
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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Attorneys for Defendant Jim Dobbas, Inc.

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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,

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Plaintiffs,

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v.

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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,

STIPULATED REQUEST BY
PLAINTIFFS AND DEFENDANT JIM
DOBBAS, INC., TO WITHDRAW JIM
DOBBAS, INC.’S MOTION FOR
SUMMARY JUDGMENT WITHOUT
PREJUDICE; ORDER
Current Motion Hearing Date:
April 6, 2015

Defendants,

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Case No.: 2:14-cv-00595-WBS-EFB

AND RELATED CROSSCLAIMS AND
COUNTERCLAIMS.

Trial: January 4, 2017
Action filed: March 3, 2014

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STIPULATED REQUEST TO WITHDRAW MOTION WITHOUT PREJUDICE AND PROPOSED ORDER
2:14-cv-00595-WBS-EFB

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IT IS HEREBY STIPULATED by and between Plaintiffs California Department of Toxic

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

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Defendant Jim Dobbas, Inc. (“Dobbas”), as follows:

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That the hearing date of April 6, 2015, on Dobbas’ Motion for Summary Judgment

(ECF Docket No. 116) (“Motion”) be taken off calendar; and
2.

That the Motion be withdrawn without prejudice to Dobbas’ right to refile the

Motion at a later date consistent with the court’s Pretrial Scheduling Order.

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Dated: March 20, 2015

Respectfully Submitted,
KING WILLIAMS & GLEASON LLP

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By:

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Attorneys for Defendant JIM DOBBAS, INC.
Respectfully submitted,

Dated: March 19, 2015

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

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

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DENNIS L. BECK, JR.
DEPUTY Attorney General

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

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ATTESTATION

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/s/ Nicole R. Gleason
Nicole R. Gleason
Louinda v. Lacey

I, Nicole R. Gleason, do hereby declare pursuant to Rule 131(e) of the Local Rules of the
United States District Court for the Eastern District of California that I obtained concurrence in the
filing of the foregoing document from Dennis L. Beck, Jr., counsel for Plaintiffs, on this 19th day of
March, 2015.

/s/ Nicole R. Gleason
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STIPULATED REQUEST TO WITHDRAW MOTION WITHOUT PREJUDICE AND PROPOSED ORDER
2:14-cv-00595-WBS-EFB

ORDER

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Upon consideration of the Parties’ Stipulated Request to Withdraw Defendant Jim

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Dobbas, Inc.’s Motion for Summary Judgment, the Motion hearing date of April 6, 2015, is taken

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off calendar. The Motion is hereby withdrawn without prejudice to being refiled at a later date

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consistent with the court’s Pretrial Scheduling Order.

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Dated: March 20, 2015
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-2STIPULATED REQUEST TO WITHDRAW MOTION WITHOUT PREJUDICE AND PROPOSED ORDER
2:14-cv-00595-WBS-EFB