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

Filing 166

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 06/08/17 ORDERING that the following dates are RESET re 156 Motion for Partial Summary Judgment: Van Over Opposition due 06/16/17; reply due 06/26/17; and Motion Hearing is RESET for 7/10/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A)

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XAVIER BECERRA
Attorney General of California
SARAH E. MORRISON, State Bar No. 143459
Supervising Deputy Attorney General
OLIVIA W. KARLIN, State Bar No. 150432
LAURA J. ZUCKERMAN (Counsel for service)
State Bar No. 161896
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
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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2:14-cv-00595-WBS-EFB

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

AMENDED STIPULATION REQUESTING
CONTINUANCE OF JUNE 12, 2017
Plaintiffs, HEARING DATE FOR PLAINTIFFS’
MOTION FOR PARTIAL SUMMARY
JUDGMENT ON THE LIABILITY OF
v.
DEFENDANT DAVID VAN OVER;
DECLARATION OF LAURA J.
JIM DOBBAS, INC., a California corporation; ZUCKERMAN IN SUPPORT THEREOF;
ORDER
CONTINENTAL RAIL, INC., a Delaware
corporation; DAVID VAN OVER,
individually; PACIFIC WOOD
PRESERVING, a dissolved California
Trial Date:
September 13, 2017
corporation; WEST COAST WOOD
Action Filed:
March 3, 2014
PRESERVING, LLC., a Nevada limited
liability company; and COLLINS & AIKMAN
PRODUCTS, LLC, a Delaware limited
liability company,
Defendants.
______________________________________
AND RELATED COUNTERCLAIMS AND
CROSS CLAIMS

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AMENDED STIPULATION REQUESTING CONTINUANCE OF HEARING DATE; DECLARATION OF
LAURA J. ZUCKERMAN IN SUPPORT THEREOF; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

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Plaintiffs the State of California Department of Toxic Substances Control and the Toxic

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Substances Control Account (collectively, “DTSC”), through their attorneys, and individual

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defendant David Van Over, acting in pro per (“Van Over”), hereby submit this amended

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stipulation requesting that the Court continue the June 12, 2017 hearing date for Plaintiffs’

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Motion for Partial Summary Judgment on the liability of Defendant David Van Over (“Motion”)

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to July 10, 2017. This continuance will allow Van Over additional time to prepare an opposition

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to DTSC’s Motion and accommodate DTSC’s counsel’s schedule.

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The foregoing Amended Stipulation is based on the following facts:

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1.

In this action under the Comprehensive Environmental Response, Compensation, and

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Liability Act, 42 U.S.C. § 9601 (“CERCLA”), DTSC seeks to recover response costs it incurred

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or expects to incur in response to the release and/or threatened release of hazardous substances at,

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around, and/or beneath the property located at 147 A Street, Elmira, Solano County, CA,

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identified by Solano County Assessor’s Parcel Numbers 142-010-130, 142-010-140 and 142-042-

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010 (“the Site”) from six (6) defendants. The Court has entered and approved consent decrees

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resolving the liability of two defendants in this action and has entered default judgments against

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three (3) others. Van Over is the current owner and operator of the Site, and he is the last

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remaining defendant in the case.

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2.

On May 5, 2017, DTSC filed a noticed Motion for Partial Summary Judgment on the

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liability of Defendant David Van Over (“Motion”), setting the hearing date for the Motion for

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June 12, 2017. Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 230, Van Over’s

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opposition was due not less than 14 days preceding the noticed hearing date. Accordingly, Van

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Over’s opposition was due May 30, 2017. Van Over did not file a timely opposition. Declaration

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of Laura J. Zuckerman (“Zuckerman Decl.”), ¶ 2.

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3.

On June 2, 2017, Van Over asked for, and Plaintiffs agreed to, a brief continuance of

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the hearing date to provide Van Over with an opportunity to file an opposition to DTSC’s Motion.

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Zuckerman Declaration, ¶ 3. Counsel for DTSC plans to be out of the country from June 25

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through July 7, 2017. Ibid.

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AMENDED STIPULATION REQUESTING CONTINUANCE OF HEARING DATE; DECLARATION OF
LAURA J. ZUCKERMAN IN SUPPORT THEREOF; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

4.

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Based on the foregoing, DTSC and Van Over hereby jointly respectfully request that

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the Court enter an order continuing the hearing on DTSC’s Motion, and extending the opposition

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and reply brief filing dates, to enable Van Over the opportunity to file an opposition to the Motion

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and to accommodate DTSC’s counsel’s schedule, as follows:
A.

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Filing date for DTSC Reply – continued from June 5, 2017 to June 26, 2017,

C.

Hearing on DTSC’s Motion – continued from June 12, 2017 to July 10, 2017.

16, 2017.

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Filing date for Van Over Opposition – continued from May 30, 2017 to June

B.

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2017.

IT IS SO STIPULATED.
Dated: 6/7/17___________________

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XAVIER BECERRA
Attorney General of California
/s/ Laura J. Zuckerman

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LAURA J. ZUCKERMAN
Deputy Attorney General
Attorneys for Plaintiffs State of California
Department of Toxic Substances Control and Toxic
Substances Account

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Dated: _6/7/17__________________

DAVID VAN OVER
Defendant

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/s/ David Van Over

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DAVID VAN OVER

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AMENDED STIPULATION REQUESTING CONTINUANCE OF HEARING DATE; DECLARATION OF
LAURA J. ZUCKERMAN IN SUPPORT THEREOF; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

ORDER

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IT IS ORDERED that the deadlines for the above-captioned case are extended as follows:
A.

Filing date for Van Over Opposition – continued from May 30, 2017 to June

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B.

Filing date for DTSC Reply – continued from June 5, 2017 to June 26, 2017.

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C.

Hearing on DTSC’s Motion – continued from June 12, 2017 to July 10, 2017.

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16, 2017.

IT IS SO ORDERED.

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Dated: June 8, 2017

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AMENDED STIPULATION REQUESTING CONTINUANCE OF HEARING DATE; DECLARATION OF
LAURA J. ZUCKERMAN IN SUPPORT THEREOF; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)

DECLARATION OF LAURA J. ZUCKERMAN

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I, Laura J. Zuckerman, declare as follows:

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1.

I am a Deputy Attorney General with the California Department of Justice, Office of

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the Attorney General. In that capacity, I am one of the attorneys for plaintiffs California

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Department of Toxic Substances Control and the Toxic Substances Control Account (collectively,

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“DTSC”) in this action. I have personal knowledge of the facts stated herein, and, if called to do

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so, could and would testify competently thereto.

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2.

David Van Over (“Van Over”), the last remaining defendant in this action, is

representing himself in pro per. On May 5, 2017, DTSC filed a noticed Motion for Partial

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Summary Judgment on the liability of Defendant David Van Over (“Motion”), setting the hearing

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date for the Motion for June 12, 2017. Pursuant to Federal Rule of Civil Procedure 78 and Local

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Rule 230, Van Over’s opposition was due not less than 14 days preceding the noticed hearing

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date. Accordingly, Van Over’s opposition was due May 30, 2017. Van Over did not file a timely

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opposition.

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3.

On June 2, 2017, Van Over asked for, and Plaintiffs agreed to, a continuance of the

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hearing date to provide Van Over with an opportunity to file an opposition to the Motion.

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Counsel for DTSC plans to be out of the country from June 25 through July 7, 2017.

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I declare under penalty of perjury that the foregoing is true and correct. Executed on June
7, 2017, at Oakland, California.

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______________________________
Laura J. Zuckerman

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AMENDED STIPULATION REQUESTING CONTINUANCE OF HEARING DATE; DECLARATION OF
LAURA J. ZUCKERMAN IN SUPPORT THEREOF; [PROPOSED] ORDER (2:14-cv-00595-WBS-EFB)