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

Filing 175

STIPULATION and ORDER for continuance of pretrial dates 174 signed by Senior Judge William B. Shubb on 12/27/2017 resetting the Pretrial Conference date for 4/9/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Bench Trial is reset for 6/5/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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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;
[PROPOSED] 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:

February 20, 2018

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
two (2) months to permit the parties to seek judicial approval of 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.
2.

The parties have reached a settlement in the form of a proposed Consent Decree. The

proposed Consent Decree was lodged with the Court on October 30, 2017. ECF No. 173.
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 a proposed consent decree
before moving for its approval by the Court. 42 U.S.C § 9622(h). Zuckerman Declaration, ¶ 3.
DTSC published notice of the proposed Consent Decree on November 17, 2017, and the public
comment period for the proposed Consent Decree closed on December 18, 2017. DTSC will now
file a noticed motion seeking judicial approval of the settlement with Van Over. Id.
4.

DTSC anticipates filing a noticed motion for judicial approval of the proposed

Consent Decree in late January or early February, given vacations and counsel’s trial schedules.

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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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In consideration of the 28-day time period for filing and setting a hearing date for a noticed
motion to approve the settlement with Van Over, the parties request an extension of the pretrial
and trial dates by approximately three (3) months. Currently, the final pre-trial conference is set
for January 5, 2018 and trial is set for February 20, 2018. Since it is now late December, DTSC
requests a continuance of the January 5, 2018 final pre-trial conference date because the parties
have settled the case. Zuckerman Declaration, ¶ 4.
5.

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

deadlines, which were granted. Zuckerman Declaration, ¶ 5.
6.

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

enter an order continuing the remaining court deadlines for approximately three (3) months as
follows:
A.

Final Pretrial Conference: from January 5, 2018 to April 6, 2018.

B.

Trial: from February 20, 2018 to May 22, 2018.

IT IS SO STIPULATED.

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Dated: December _26__, 2017

XAVIER BECERRA
Attorney General of California

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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: December _26__, 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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ORDER

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

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A.

Final Pretrial Conference: from January 16, 2018 to April 9, 2018 at 1:30 p.m.

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B.

Trial: February 20, 2018 to June 5, 2018 at 9:00 a.m.

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IT IS SO ORDERED.
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Dated: December 27, 2017
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///

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///

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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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settlement, and have lodged the settlement, in the form of a proposed Consent Decree, with the

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Court on October 30, 2017. ECF No. 173.

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3.

For its CERCLA settlements, DTSC follows 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). Here, after lodging the

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proposed Consent Decree, DTSC published notice of the proposed Consent Decree for a 30-day

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public comment period which started on November 17, 2017 and ended on December 18, 2017.

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4.

DTSC now plans to file a noticed motion for judicial approval of the Consent

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Decree with Van Over, which requires a 28-day notice period. Given upcoming vacation and

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counsel’s trial schedule, DTSC anticipates filing the noticed motion by late January or early

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February. Since it is now late December, DTSC requests a continuance of the January 5, 2018

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final pre-trial conference date because the parties have settled the case.

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5.

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

deadlines, which were granted.

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I declare under penalty of perjury that the foregoing is true and correct. Executed on

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12/26/2017

, 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)