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

Filing 213

STIPULATION and ORDER for continuance 210 signed by Senior Judge William B. Shubb on 10/4/2019 resetting 205 The Continental Insurance Company's Motion to Intervene and to Set Aside Default for 12/2/2019 at 01:30 PM in Courtroom 5 (WBS) befo re Senior Judge William B. Shubb. *Because the Travelers Indemnity Company does not join in the stipulation to continue the hearing, the hearing on its motion to intervene and vacate the default remains set for 10/21/2019. (Kirksey Smith, K) *Modified on 10/4/2019 (Kirksey Smith, K).

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XAVIER BECERRA
Attorney General of California
EDWARD H. OCHOA
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
IN THE UNITED STATES DISTRICT COURT
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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JOINT STIPULATION AND[PROPOSED]
ORDER EXTENDING THE DATE FOR
HEARING ON CONTINENTAL’S MOTION
Plaintiffs, TO INTERVENE AND SET ASIDE
DEFAULT (L.R. 144)

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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; WEST COAST WOOD
PRESERVING, LLC., a Nevada
limited liability company; and
COLLINS & AIKMAN PRODUCTS, LLC,
a Delaware limited liability
company,

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2:14-cv-00595-WBS-EFB

Date: October 21, 2019
Time: 1:30 p.m.
Place: Courtroom 5, 14th Floor
501 I Street
Sacramento, CA 95814
Judge: Hon. William B. Shubb
Action Filed: March 3, 2014

Defendants.

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______________________________________
AND RELATED COUNTERCLAIMS AND
CROSS CLAIMS
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR HEARING ON
CONTINENTAL’S MOT. TO INTERVENE AND SET ASIDE DEFAULT (2:14-cv-00595-WBS-EFB)

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Plaintiffs the Department of Toxic Substances Control and the

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Toxic Substances Control Account (collectively, DTSC) and The

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Continental Insurance Company (Continental) have conferred and

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jointly stipulate and request, pursuant to Local Rule 144(a),

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that the Court extend the time for hearing Continental’s motion

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to intervene and to set aside default against Collins & Aikman

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Products, LLC (Collins & Aikman), ECF No. 205, by 42 days, to

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December 2, 2019.

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The parties believe that the extension of time and the

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continuance of the hearing date will allow the eleven (11)

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tendered insurers time to complete their investigations, make

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coverage determinations, and decide whether or not to seek to

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intervene.

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insurers file motions to intervene and to set aside Collins &

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Aikman’s default, as it may permit intervention and default

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issues to be resolved at a single hearing rather than through

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multiple hearings.1

The delay would promote efficiency if additional

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The receiver for Collins & Aikman has indicated that, even if

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the hearing is continued to December 2, 2019, he will not seek to

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terminate the receivership provided there is sufficient activity

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in the case.

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these parties for this particular matter.

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The Travelers Indemnity Company (Travelers) previously filed a motion
to intervene and to vacate default, ECF No. 196, which is also set for hearing
on October 21, 2019. Continental joined in Travelers’ motion, ECF No. 202,
and subsequently filed its own motion to intervene and to set aside default,
ECF No. 205. Other insurers may file similar motions. Because Travelers will
not agree to continue the hearing on its motion unless DTSC stipulates to
Travelers’ intervention, DTSC is filing herewith, pursuant to L.R. 144(c), an
initial request for an ex parte continuance of the hearing on Travelers’
motion, so that Travelers’ motion, Continental’s motion, and any similar
motions may be heard on the same day.

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There have been no extensions already obtained by

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR HEARING ON
CONTINENTAL’S MOT. TO INTERVENE AND SET ASIDE DEFAULT (2:14-cv-00595-WBS-EFB)

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The proposed briefing and hearing schedule is as follows:

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November 18, 2019 – by this date, Plaintiffs shall file

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their opposition to Continental’s motion to intervene and to set

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aside default.
2.

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November 25, 2019 – by this date, Continental shall

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file its reply in support of its motion to intervene and to set

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aside default.
3.

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December 2, 2019 - A hearing on Continental’s motion to

intervene and to set aside default shall be heard on this date,

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR HEARING ON
CONTINENTAL’S MOT. TO INTERVENE AND SET ASIDE DEFAULT (2:14-cv-00595-WBS-EFB)

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or on such date thereafter as the Court may order.
IT IS SO STIPULATED.
Dated:

October 3, 2019

Respectfully Submitted,

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XAVIER BECERRA
Attorney General of California
EDWARD H. OCHOA
Supervising Deputy Attorney
General
OLIVIA W. KARLIN
Deputy Attorney General

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/S/ Laura J. Zuckerman

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

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/S/ Sara M. Thorpe_
(as authorized on October 2,
2019)

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NICOLAIDES FINK THORPE
MICHAELIDES SULLIVAN LLP

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Attorneys for Proposed
Intervenor THE CONTINENTAL
INSURANCE COMPANY

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR HEARING ON
CONTINENTAL’S MOT. TO INTERVENE AND SET ASIDE DEFAULT (2:14-cv-00595-WBS-EFB)

ORDER

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The Court, having reviewed and considered this Joint

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Stipulation and [Proposed] Order Extending the Date for Hearing

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Continental’s Motion to Intervene and Vacate Default, and good

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cause appearing therefor,

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IT IS HEREBY ORDERED that the hearing date on the

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Continental Insurance Company’s motion to intervene is continued

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from October 21, 2019, to December 2, 2019, at 1:30 p.m. in

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Courtroom 5.

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IT IS HEREBY FURTHER ORDERED that the current deadline for

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filing opposition papers to such motion is continued from October

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7, 2019, to November 18, 2019, with CM/ECF or mail service by

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that day.

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IT IS HEREBY FURTHER ORDERED that the current deadline for

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filing Continental’s reply is continued from October 14, 2019, to

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November 25, 2019, with CM/ECF or mail service by that day.

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Because the Travelers Indemnity Company does not join in the

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stipulation to continue the hearing, the hearing on its motion to

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intervene and vacate the default remains set for October 21,

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2019.

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IT IS SO ORDERED.
Dated:

October 4, 2019

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR HEARING ON
CONTINENTAL’S MOT. TO INTERVENE AND SET ASIDE DEFAULT (2:14-cv-00595-WBS-EFB)