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

Filing 134

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/9/15. Hearing set for Motion to Approve the Consent Decree on 8/24/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The 7/27/15 hearing on the Motion for Summary Judgment is VACATED. (Manzer, C)

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

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AND RELATED COUNTERCLAIMS AND
CROSS-CLAIMS

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STIPULATION TO CONTINUE HEARING ON MOTION TO APPROVE CONSENT DECREE AND VACATE
HEARING ON MOTION FOR SUMMARY JUDGMENT; [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 West Coast Wood Preserving, LLC (“WCWP”) filed an Answer to
the Complaint on June 10, 2014 (ECF No. 22), and an Answer to the FAC on January 5, 2014
(ECF No. 89).
WHEREAS WCWP filed a Motion for Summary Judgment (“Motion for Summary
Judgment”) on December 15, 2014 (ECF No. 79), and a hearing on that Motion for Summary
Judgment (“Hearing on Motion for Summary Judgment”) was initially set for January 26, 2015.
WHEREAS the Hearing on Motion for Summary Judgment was continued to February 9,
2015 (ECF No. 88), March 9, 2015 (ECF No. 97), and April 6, 2015 (ECF No. 119).
WHEREAS Plaintiffs and WCWP (collectively “the Parties”) participated in a confidential
mediation on March 3, 2015, and subsequently informed the Court on March 5, 2015, that a
settlement in principle had been reached between the Parties. In light of the settlement in
principle, the Parties requested that the Court set a hearing date of July 13, 2015, for a hearing on
a Motion to Approve the Consent Decree between the Parties (“Hearing on Motion to Approve
the Consent Decree”) and to continue the Hearing on Motion for Summary Judgment until ten
days thereafter. The Parties stipulated that should the public comment period that DTSC
conducts pursuant to 42 U.S.C. section 9622(d)(2)(B) for the [Proposed] Consent Decree between
the Parties run longer than anticipated, that a request may be made for a continuance of the
Hearing on Motion to Approve the Consent Decree. (ECF No. 120).
WHEREAS on March 6, 2015, the Court set the Hearing on Motion to Approve the
Consent Decree for July 13, 2015, and continued the Hearing on Motion for Summary Judgment
to July 27, 2015. (ECF No. 121).

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STIPULATION TO CONTINUE HEARING ON MOTION TO APPROVE CONSENT DECREE AND VACATE
HEARING ON MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

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WHEREAS, after the Court set the July 13, 2015, hearing date, the Parties engaged in
further confidential mediation and settlement negotiations, which had not been anticipated by the
Parties. These mediation sessions and negotiations resulted in an unintended and unforeseen
delay in reaching a final settlement and in drafting and finalizing the [Proposed] Consent Decree.

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WHEREAS WCWP and Plaintiffs signed the [Proposed] Consent Decree on May 28, 2015
and June 2, 2015, respectively, and Plaintiffs filed a Notice of Lodging of [Proposed] Consent
Decree between the Parties on June 2, 2015. (ECF No. 131).

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WHEREAS a Notice of Public Comment Period for the [Proposed] Consent Decree was
published in the California Regulatory Notice Register (2015, Volume No. 25-Z1) on June 19,
2015.
WHEREAS Plaintiffs must consider, and file with the Court, any written comments, views,
or allegations relating to the [Proposed] Consent Decree that are received during the public
comment period. 42 U.S.C., § 9622(d)(2)(B).
WHEREAS the public comment period noticed in the California Regulatory Notice
Register for this matter runs through and includes July 20, 2015, and thus past the date currently
set for the Hearing on Motion to Approve the Consent Decree.
WHEREAS the Parties believe that it is necessary to continue the date of the Hearing on
Motion to Approve the Consent Decree to a date that will allow Plaintiffs to consider and file
with the Court any comments received during the public comment period, and that will comply
with the requirement in Local Rule 230(b) that hearings on motions shall not be set less than
twenty-eight (28) days after service and filing of the motion.
IT IS HEREBY STIPULATED by and between the Parties as follows:
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That the Hearing on Motion to Approve the Consent Decree be continued to August

24, 2015;
2.

That if Plaintiffs are not able to file the Motion to Approve the Consent Decree by

July 27, 2015, that Plaintiffs will not oppose a request by WCWP for an order shortening time so

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http://www.oal.ca.gov/res/docs/pdf/notice/25z-2015.pdf
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STIPULATION TO CONTINUE HEARING ON MOTION TO APPROVE CONSENT DECREE AND VACATE
HEARING ON MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

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that the Hearing on Motion to Approve the Consent Decree may go forward on August 24, 2015;
and
3.

That the July 27, 2015, Hearing on Motion for Summary Judgment be taken off

calendar without prejudice to WCWP’s right to request a new hearing date should the Court not
approve the [Proposed] Consent Decree and consistent with the Court’s Pretrial Scheduling
Order.

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Dated: July 6, 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: July 6, 2015

Respectfully submitted,

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PERKINS COIE, LLP
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/s/ Lester O. Brown

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LESTER O. BROWN
Attorneys for Defendant
West Coast Wood Preserving, LLC

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ATTESTATION
I, Dennis L. Beck, Jr., 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

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STIPULATION TO CONTINUE HEARING ON MOTION TO APPROVE CONSENT DECREE AND VACATE
HEARING ON MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

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the filing of the foregoing document from Lester O. Brown, counsel for defendant West Coast
Wood Preserving, LLC, on this 6th day of July, 2015.

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/s/ Dennis L. Beck, Jr.

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ORDER
The Hearing on Motion to Approve the Consent Decree is continued to 2:00 p.m. on
August 24, 2015. The July 27, 2015, Hearing on Motion for Summary Judgment is taken off
calendar without prejudice to being refiled at a later date should the Court not approve the
[Proposed] Consent Decree and consistent with the Court’s Pretrial Scheduling Order.
Dated: July 9, 2015

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STIPULATION TO CONTINUE HEARING ON MOTION TO APPROVE CONSENT DECREE AND VACATE
HEARING ON MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)