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

Filing 172

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/31/2017 ORDERING the Final Pretrial Conference CONTINUED to 1/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and the Bench Trial CONTINUED to 3/13/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)

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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 the
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,

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v.

2:14-cv-00595-WBS-EFB

STIPULATION REQUESTING
EXTENSION OF PRETRIAL DATES AND
Plaintiffs, TRIAL; DECLARATION OF LAURA J.
ZUCKERMAN IN SUPPORT THEREOF;
ORDER

JIM DOBBAS, INC., a California
corporation; CONTINENTAL RAIL, INC.,
a Delaware corporation; DAVID VAN
OVER, individually; PACIFIC WOOD
PRESERVING, a dissolved California
corporation; WEST COAST WOOD
PRESERVING, LLC., a Nevada limited
liability company; and COLLINS &
AIKMAN PRODUCTS, LLC, a Delaware
limited liability company,

Trial Date: October 24, 2017
Action Filed: March 3, 2014

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Defendants.
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______________________________________

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AND RELATED COUNTERCLAIMS AND
CROSS CLAIMS

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Stipulation Requesting Extension of Pretrial Dates and Trial; 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
Substances Control Account (collectively, “DTSC”), through their attorneys, and individual
defendant David Van Over, acting in pro per (“Van Over”), hereby submit this stipulation
requesting that the Court issue an order extending all court-ordered deadlines for approximately
four (4) months to permit the parties to finalize the proposed Consent Decree necessary to settle
this litigation.
The foregoing Stipulation is based on the following facts:
1.

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

Liability Act, 42 U.S.C. § 9601 (“CERCLA”), DTSC seeks to recover response costs it incurred
or expects to incur in response to the release and/or threatened release of hazardous substances at,
around, and/or beneath the property located at 147 A Street, Elmira, Solano County, CA,
identified by Solano County Assessor's Parcel Numbers 142-010-130, 142-010-140 and 142-042010 (“the Site”) by multiple defendants. The Court has entered and approved consent decrees
resolving the liability of two defendants in this action and has entered default judgments against
three (3) others. Van Over is the current owner and operator of the Site, and he is the last
remaining defendant in the case. On July 6, 2017, the Court granted DTSC’s motion for partial
summary judgment on the liability of Van Over. Docket # 170.
2.

The parties have been engaged in settlement discussions for many months, have

reached a tentative settlement, and are in the process of finalizing a proposed consent decree to
memorialize their settlement. Zuckerman Declaration, ¶ 2.
3.

For its CERCLA settlements, DTSC follows section 122(h) of CERCLA, and

conducts a thirty (30) day public review and comment period on the proposed consent decree
before moving for its approval by the Court. 42 U.S.C § 9622(h). Zuckerman Declaration, ¶ 4.
A continuance of approximately four (4) months will allow sufficient time for the parties to
finalize and execute, publish, and notice any proposed consent decree entered into with Van Over
for public comment, comply with the statutorily required public comment period for the proposed
consent decree, address public comments, and file a noticed motion for judicial approval of a

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Stipulation Requesting Extension of Pretrial Dates and Trial; Declaration Of Laura J. Zuckerman In Support
Thereof; [Proposed] Order (2:14-cv-00595-WBS-EFB)

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settlement with Van Over. Id.

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4.

proposed Consent Decree rather than litigating the matter. Zuckerman Declaration, ¶ 3. The
parties further agree that it would be mutually beneficial, and that it would conserve the judicial
resources of this Court, to continue the pretrial and trial dates by approximately four (4) months
in order that the parties may finalize the necessary documentation. Id.

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4.

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These parties have made two prior requests to extend the discovery and trial

deadlines, which were granted. Zuckerman Declaration, ¶ 5.

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The parties prefer to expend their available resources focusing on finalizing the

5.

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

enter an order continuing the remaining court deadlines for approximately four (4) months as
follows:

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A.

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Final Pretrial Conference: from August 28, 2017, to January 5, 2018.

B.

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Trial: from October 24, 2017, to February 20, 2018.

IT IS SO STIPULATED.

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XAVIER BECERRA
Attorney General of California

Dated: July ___, 2017
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/S/ Laura J. Zuckerman

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LAURA J. ZUCKERMAN
Deputy Attorney General

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

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Dated: July 28, 2017

DAVID VAN OVER
Defendant

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/s/ David Van Over
DAVID VAN OVER

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Stipulation Requesting Extension of Pretrial Dates and Trial; Declaration Of Laura J. Zuckerman In Support
Thereof; [Proposed] Order (2:14-cv-00595-WBS-EFB)

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Stipulation Requesting Extension of Pretrial Dates and Trial; Declaration Of Laura J. Zuckerman In Support
Thereof; [Proposed] Order (2:14-cv-00595-WBS-EFB)

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ORDER
IT IS ORDERED that the deadlines for the above-captioned case are extended as follows:
A.
1:30 P.M.

Final Pretrial Conference: from August 28, 2017, to JANUARY 16, 2018 AT

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B.

Trial: from October 24, 2017, to MARCH 13, 2018 AT 9:00 A.M.

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IT IS SO ORDERED.
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Dated: July 31, 2017
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Stipulation Requesting Extension of Pretrial Dates and Trial; Declaration Of Laura J. Zuckerman In Support
Thereof; [Proposed] Order (2:14-cv-00595-WBS-EFB)

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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

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of 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.

DTSC and defendant David Van Over (“Van Over”), the last remaining defendant

in this action, have been engaged in settlement discussions for many months, have reached a

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tentative settlement, and are in the process of finalizing a proposed consent decree to memorialize

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their settlement.

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3.

The parties would prefer to expend their available resources focusing on finalizing

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the proposed Consent Decree rather than litigating the matter. The parties have discussed and

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agreed that it would be mutually beneficial, and would conserve the judicial resources of this

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Court, to continue the pretrial and trial dates by approximately four (4) months in order that the

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parties may finalize the necessary documentation.

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4.

For its CERCLA settlements, Plaintiffs follow section 122(h) of CERCLA, and

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conduct a thirty (30) day public review and comment period on the proposed consent decree

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before moving for its approval by the Court. 42 U.S.C. § 9622(h). A continuance of

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approximately four (4) months will allow sufficient time for the parties to finalize and execute,

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publish, and notice any proposed consent decree entered into for public comment, comply with

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the statutorily required public comment period for the proposed consent decree, address public

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comments, and file a noticed motion for judicial approval of any settlement with Van Over.

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5.

These parties have made two prior requests to extend discovery and trial

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deadlines, which were granted.

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I declare under penalty of perjury that the foregoing is true and correct. Executed on July
31, 2017, at Oakland, California.
/s/ Laura J. Zuckerman
Laura J. Zuckerman

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Stipulation Requesting Extension of Pretrial Dates and Trial; Declaration Of Laura J. Zuckerman In Support
Thereof; [Proposed] Order (2:14-cv-00595-WBS-EFB)