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

Filing 276

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/06/23 EXTENDING the time to file any motion to strike regarding Intervenors' Answer-in-Intervention to 5/3/2023.(Licea Chavez, V)

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ROB BONTA
Attorney General of California
LAURA J. ZUCKERMAN, State Bar No. 161896
Supervising Deputy Attorney General
THOMAS SCHUMANN (Counsel for service), State Bar No. 324559
JAMES POTTER, State Bar No. 166992
Deputy Attorneys General
1300 I Street
Sacramento, CA 95814
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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(Additional counsel on next page.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DEPARTMENT OF TOXIC
12 SUBSTANCES CONTROL AND THE
TOXIC SUBSTANCES CONTROL
13 ACCOUNT,
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Case No. 2:14-CV-00595-WBS-JDP
JOINT STIPULATION ALLOWING
PLAINTIFFS ADDITIONAL TIME TO
FILE RESPONSIVE PLEADINGS
AND/OR MOTIONS IN RESPONSE TO
INTERVENORS’ ANSWER AND
COUNTERCLAIMS

Plaintiffs,

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v.
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JIM DOBBAS, INC., a California corporation,
17 et al.
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Defendants.
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[Pursuant to Fed. R. Civ. P. 12]
Judge:
Action Filed:
Trial Date:

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21 And Related Crossclaims
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27551798.1:10468-0108

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ORDER (Case No. 2:14-cv-00595-WBS-JDP)

William B. Shubb
March 3, 2014
Not set.

1 Additional Counsel:
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TIMOTHY M. THORNTON, JR., State Bar No. 106413
GRAY-DUFFY, LLP
15760 Ventura Blvd, 16th Fl.
Encino, CA 91436-3027
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Plaintiffs California
Department of Toxic Substances Control and the Toxic Substances Control Account
THOMAS F. VANDENBURG, State Bar No. 163446
WOOD SMITH HENNING & BERMAN LLP
505 North Brand Boulevard, Suite 1100
Glendale, CA 91203
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
ALICE CHARKHCHYAN, State Bar No. 332670
WOOD SMITH HENNING & BERMAN LLP
505 North Brand Boulevard, Suite 1100
Glendale, CA 91203
Telephone: [phone]
Telephone: [phone]
Email:
[e-mail]

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Attorneys for Intervenors CENTURY INDEMNITY COMPANY as successor to CCI INSURANCE
COMPANY as successor to INSURANCE COMPANY OF NORTH AMERICA; THE
CONTINENTAL INSURANCE COMPANY; ALLIANZ UNDERWRITERS INSURANCE
COMPANY; CHICAGO INSURANCE COMPANY, FIREMAN’S FUND INSURANCE
COMPANY and THE TRAVELERS INDEMNITY COMPANY

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27551798.1:10468-0108

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ORDER (Case No. 2:14-cv-00595-WBS-JDP)

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Plaintiffs California Department of Toxic Substances Control and the Toxic Substances

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Control Account (collectively, “DTSC”) and The Continental Insurance Company; Century

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Indemnity Company; Allianz Underwriters Insurance Company; Chicago Insurance Company;

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Fireman's Fund Insurance Company; and The Travelers Indemnity Company (collectively, the

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“Intervenors,” and with DTSC, the “Parties”) enter into this stipulation (“Stipulation”):

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BACKGROUND
1.

On March 3, 2014, DTSC filed this action seeking to recover costs it has incurred

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responding to releases of hazardous substances at a privately-owned, former wood treatment and

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preserving facility in Elmira, California, and related relief. On December 11, 2014, DTSC filed a

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First Amended Complaint naming Collins & Aikman Products, LLC (“C&A Products, LLC”), a

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cancelled Delaware limited liability company, as an additional defendant. (ECF No 77.)

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2.

On August 12, 2019, DTSC filed an Application for Default Judgment by Court

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against C&A Products, still in receivership. (ECF No. 184.) Subsequently, Intervenors moved to

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intervene in the action and vacate C&A Products’ default. The Court denied these motions. (ECF

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Nos. 221, 237.)

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3.

On December 1, 2022, the Ninth Circuit issued an opinion reversing this Court’s

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denial of Continental, Century, and Allianz’s motions to intervene as of right, and dismissing the

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appeal of their motions to set aside the clerk’s entry of default. Mandate issued on December 23,

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2022. (ECF No. 261.)

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4.

On February 16, 2023, the Court entered orders pursuant to stipulation allowing

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each of the Intervenors to intervene and directing them to file their joint response to DTSC's First

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Amended Complaint by March 15, 2023. (ECF Nos. 269, 270.)

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5.

On March 15, 2023, Intervenors filed their Answer-in-Intervention and

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Counterclaims. DTSC’s answer to the Answer-in-Intervention and Counterclaim is currently due

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April 5, 2023. (ECF No. 271.)

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6.

DTSC has notified Intervenors that it believes it can file motions to dismiss and

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strike that will narrow the scope of the pleadings and that it requests an extension of time to file

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any such motions or otherwise respond to Intervenors’ pleadings.
27551798.1:10468-0108

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ORDER (Case No. 2:14-cv-00595-WBS-JDP)

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STIPULATION

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Based on the above, the Parties agree and stipulate as follows:

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1.

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In accordance with Local Rule 144, DTSC’s time to respond to Intervenors’

Counterclaim is extended by 28 days to May 3, 2023.
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The Parties ask the Court to enter the attached Proposed Order, extending to May 3,

2023, DTSC’s time to file any motion to strike regarding Intervenors’ Answer-in-Intervention.

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8 DATED: April 3, 2023

ROB BONTA
Attorney General of California

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By: s/Thomas Schumann
Thomas Schumann
Deputy Attorney General
Attorneys for Plaintiffs California Department of
Toxic Substances Control and the Toxic
Substances Control Account

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DATED: April 3, 2023

WOOD SMITH HENNING & BERMAN LLP

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By: s/Thomas F. Vandenburg
Thomas F. Vandenburg
Alice Charkhchyan
Attorneys for Proposed Intervenors
CENTURY INDEMNITY COMPANY; THE
CONTINENTAL INSURANCE COMPANY;
ALLIANZ UNDERWRITERS INSURANCE
COMPANY; CHICAGO INSURANCE
COMPANY, FIREMAN’S FUND
INSURANCE COMPANY and THE
TRAVELERS INDEMNITY COMPANY

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27551798.1:10468-0108

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ORDER (Case No. 2:14-cv-00595-WBS-JDP)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL AND THE
12 TOXIC SUBSTANCES CONTROL
13 ACCOUNT,
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Case No. 2:14-CV-00595-WBS-JDP
ORDER ALLOWING PLAINTIFFS
ADDITIONAL TIME TO FILE
RESPONSIVE PLEADINGS AND/OR
MOTIONS IN RESPONSE TO
INTERVENORS' ANSWER AND
COUNTERCLAIMS

Plaintiffs,

v.
15 JIM DOBBAS, INC., a California corporation,
16 et al.
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[Pursuant to Fed. R. Civ. P. 12]

Defendants.

Judge:
Action Filed:
Trial Date:

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William B. Shubb
March 3, 2014
Not set.

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Plaintiffs California Department of Toxic Substances Control and the Toxic Substances

22 Control Account (collectively, “DTSC”) and The Continental Insurance Company; Century
23 Indemnity Company; Allianz Underwriters Insurance Company; Chicago Insurance Company;
24 Fireman's Fund Insurance Company; and The Travelers Indemnity Company (collectively, the
25 “Intervenors” and with DTSC the “Parties”) filed a stipulation (“Stipulation”) regarding DTSC's
26 DTSC time to respond to Intervenors’ Answer-in-Intervention and Counterclaim. (ECF No. 271.)
27 In accordance with Local Rule 144, the Stipulation provided that DTSC’s time to respond to
28 Intervenors’ Counterclaim would be extended to May 3, 2023. The Stipulation also conveyed the
27551798.1:10468-0108

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ORDER (Case No. 2:14-cv-00595-WBS-JDP)

1 Parties' request that DTSC’s time to file any motion to strike regarding Intervenors’ Answer-in2 Intervention likewise be extended to May 3, 2023. Having considered that request, and good
3 cause appearing, the Court extends to May 3, 2023 DTSC’s time to file any motion to strike
4 regarding Intervenors’ Answer-in-Intervention.
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IT IS SO ORDERED.

6 Dated: April 6, 2023
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27551798.1:10468-0108

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ORDER (Case No. 2:14-cv-00595-WBS-JDP)