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

Filing 34

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/8/14 re 27 Motion to Dismiss/Motion to Strike : Motion Hearing reset for 9/8/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Manzer, C)

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JENNIFER HARTMAN KING (Bar No. 211313)
NICOLE R. GLEASON (Bar No. 199655)
SHELBY M. GATLIN (Bar No. 272701)
KING WILLIAMS & GLEASON LLP
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Jim Dobbas, Inc.

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KING WILLIAMS & GLEASON LLP
520 CAPITOL MALL, SUITE 750
SACRAMENTO, CA 95814
TELEPHONE: [phone] FAX: [phone]

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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,
Plaintiffs,

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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; and WEST COAST WOOD
PRESERVING, LLC, a Nevada limited
liability company,

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Defendants,

Case No.: 2:14-cv-00595-WBS-EFB
STIPULATED REQUEST OF
DEFENDANT JIM DOBBAS, INC. TO
CONTINUE HEARING ON
PLAINTIFFS’ MOTION TO DISMISS
DEFENDANT JIM DOBBAS, INC.’S
COUNTERCLAIM, AND TO STRIKE
PORTIONS OF ANSWERS OF
DEFENDANTS JIM DOBBAS, INC.,
DAVID VAN OVER, AND WEST
COAST WOOD PRESERVING, LLC
Current motion hearing date:
August 25, 2014
Proposed continued motion hearing date:

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September 8, 2014

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Action filed: March 3, 2014

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AND RELATED CROSSCLAIMS AND
COUNTERCLAIMS.

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00011864.1

STIPULATED REQUEST TO CONTINUE HEARING AND PROPOSED ORDER
2:14-cv-00595-WBS-EFB

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Defendant Jim Dobbas, Inc. requests, and IT IS HEREBY STIPULATED, by and among
all parties who have appeared in the above-entitled action, through their designated counsel:

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1. That the August 25, 2014 hearing currently scheduled for Plaintiffs’ “Motion to

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Dismiss Defendant Jim Dobbas, Inc.’s Counterclaim, and to Strike Portions of

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Answers of Defendants Jim Dobbas, Inc., David Van Over, and West Coast Wood

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Preserving, LLC” be continued to September 8, 2014, at 2:00 p.m. in Courtroom 5.

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2. That, based on the new hearing date described in Paragraph 1, all opposition papers

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from all defendants be filed and served (via CM/ECF or mail) by August 22, 2014.

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3. That, based on the new hearing date described in Paragraph 1, Plaintiffs’ reply papers
be filed and served (via CM/ECF or mail) by August 29, 2014.

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SO STIPULATED.
Respectfully submitted,

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Dated: August 8, 2014

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KING WILLIAMS & GLEASON LLP
By:

/s/ Jennifer Hartman King
Jennifer Hartman King
Nicole R. Gleason
Shelby M. Gatlin
Attorneys for Defendant Jim Dobbas, Inc.

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Dated: August 1, 2014

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KAMALA D. HARRIS
ATTORNEY GENERAL OF CALIFORNIA
Sarah E. Morrison
Supervising Deputy Attorney General

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By:/s/ Thomas G. Heller as authorized on 8/7/14
Thomas G. Heller
Dennis L. Beck, Jr.
Deputy Attorneys General
Attorneys for the California Department of
Toxic Substances Control and the Toxic
Substances Control Account

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Dated: August 7, 2014
By: /s/ David Van Over as authorized on 8/7/14
David Van Over
Pro Se

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00011864.1

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Dated: August 7, 2014

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PERKINS COIE LLP
By: /s/ Lester O. Brown as authorized on 8/7/14
Lester O. Brown
Attorney for Defendant West Coast Wood
Preserving, LLC

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Pursuant to Local Rule 131 of the United States District Court for the Eastern District of
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California, fully executed signature pages may be attached separately.
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ATTESTATION
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I, Jennifer H. King, do hereby declare pursuant to Rule 131(e) of the Local Rules of the
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United States District Court for the Eastern District of California that I obtained concurrence in
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the filing of foregoing documents from Plaintiffs’ counsel Thomas G. Heller on the 1st day of
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August, 2014, and defendant’s counsel Lester O. Brown on this 7th day of August, 2014.
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I, Jennifer H. King, do hereby declare pursuant to Rule 131(e) of the Local Rules of the
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United States District Court for the Eastern District of California that I obtained concurrence in
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the filing of foregoing documents from Defendant David Van Over on this 7th day of August,
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2014.
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/s/ Jennifer H. King
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00011864.1

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ORDER

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The Court, having reviewed and considered the Stipulated Request of Defendant Jim

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Dobbas, Inc. to Continue the Hearing Date for Plaintiffs’ Motion to Dismiss Defendant Jim

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Dobbas, Inc.’s Counterclaim, and to Strike Portions of Answers of Defendants Jim Dobbas, Inc.,

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David Van Over, and West Coast Wood Preserving, LLC, set forth above and good cause

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appearing therefore:

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IT IS HEREBY ORDERED that the hearing date for the above-entitled motion is
continued to September 8, 2014, at 2:00 p.m. in Courtroom 5.
IT IS HEREBY FURTHER ORDERED that the current deadline for filing opposition
papers is continued to August 22, 2014, with CM/ECF or mail service by that day.
IT IS HEREBY FURTHER ORDERED that the current deadline for filing Plaintiffs’
reply is continued to August 29, 2014, with CM/ECF or mail service by that day.

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IT IS SO ORDERED.

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Dated: August 8, 2014

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00011864.1

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