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

Filing 36

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/20/14 ORDERING that WCWP's demand for a jury trial and prayer for attorney's fees are stricken from WCWP's Answer to Plaintiffs' Complaint; WCWP's Fifth ( Laches), Tenth (Minimal Contribution), Eleventh (Waiver), and Twelfth (Failure to Mitigate) Affirmative Defenses are stricken from WCWP's Answer to Plaintiffs' Complaint; and If WCWP is found to be liable to Plaintiffs in this case, nothing in this stipulation shall affect WCWP's rights under 42 U.S.C. section 9613(f)(1) with respect to the Court's allocation of response costs in resolving contribution claims among liable persons. This stipulation does not resolve the portions of the Motion that concern the counterclaim and answer of Defendant Jim Dobbas, Inc. and the answer of Defendant David Van Over. Therefore, the Motion remains set for hearing at the above date and time. (Becknal, R)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
SARAH E. MORRISON, State Bar No. 143459
Supervising Deputy Attorney General
THOMAS G. HELLER (Counsel for service)
State Bar No. 162561
DENNIS L. BECK, JR., State Bar No. 179492
Deputy Attorneys General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs California
Department of Toxic Substances Control and 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 AND PROPOSED
ORDER BETWEEN PLAINTIFFS AND
Plaintiffs, DEFENDANT WEST COAST WOOD
PRESERVING, LLC TO STRIKE
PORTIONS OF WEST COAST WOOD
PRESERVING, LLC’S ANSWER

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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,

Date:
Time:
Place:

September 8, 2014
2:00 p.m.
Courtroom 5, 14th Floor
Robert T. Matsui United States
Courthouse
501 I Street
Sacramento, CA 95814

Judge:
Hon. William B. Shubb
Defendants. Trial Date:
January 4, 2017
Action Filed: March 3, 2014

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______________________________________
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And related counterclaim and cross-claims.
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STIPULATION AND PROPOSED ORDER BETWEEN PLS. AND DEF. WEST COAST WOOD PRESERVING,
LLC TO STRIKE PORTIONS OF WEST COAST WOOD PRESERVING, LLC’S ANSWER
(2:14-cv-00595-WBS-EFB)

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WHEREAS plaintiffs California Department of Toxic Substances Control and the Toxic
Substances Control Account (collectively “Plaintiffs”) filed a Complaint in the above-captioned
action on March 3, 2014 (ECF No. 1);
WHEREAS defendant West Coast Wood Preserving, LLC (“WCWP”) filed an Answer to
Plaintiffs’ Complaint on June 10, 2014 (ECF No. 22);
WHEREAS Plaintiffs filed a Motion to Dismiss Defendant Jim Dobbas, Inc.’s
Counterclaim, and to Strike Portions of Answers of Defendants Jim Dobbas, Inc., David van
Over, and WCWP (the “Motion”) on July 7, 2014 (ECF No. 27);
WHEREAS after the filing of the Motion, counsel for WCWP and Plaintiffs conferred and
agreed to resolve via stipulation the portions of the Motion that concern WCWP’s Answer;
IT IS HEREBY STIPULATED by and between Plaintiffs and WCWP that:
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WCWP’s demand for a jury trial and prayer for attorney’s fees are stricken from

WCWP’s Answer to Plaintiffs’ Complaint;
2.

WCWP’s Fifth (Laches), Tenth (Minimal Contribution), Eleventh (Waiver), and

Twelfth (Failure to Mitigate) Affirmative Defenses are stricken from WCWP’s Answer to
Plaintiffs’ Complaint; and
3.

If WCWP is found to be liable to Plaintiffs in this case, nothing in this stipulation

shall affect WCWP’s rights under 42 U.S.C. section 9613(f)(1) with respect to the Court’s
allocation of response costs in resolving contribution claims among liable persons.
This stipulation does not resolve the portions of the Motion that concern the counterclaim
and answer of Defendant Jim Dobbas, Inc. and the answer of Defendant David van Over.
Therefore, the Motion remains set for hearing at the above date and time.

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STIPULATION AND PROPOSED ORDER BETWEEN PLS. AND DEF. WEST COAST WOOD PRESERVING,
LLC TO STRIKE PORTIONS OF WEST COAST WOOD PRESERVING, LLC’S ANSWER
(2:14-cv-00595-WBS-EFB)

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Dated: August 19, 2014

Respectfully Submitted,

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KAMALA D. HARRIS
Attorney General of California
SARAH E. MORRISON
Supervising Deputy Attorney General

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/s/ Thomas G. Heller
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THOMAS G. HELLER
DENNIS L. BECK, JR.
Deputy Attorneys General
Attorneys for Plaintiffs California
Department of Toxic Substances Control
and Toxic Substances Control Account

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Dated: August 18, 2014

Respectfully Submitted,

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PERKINS COIE, LLP

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/s/ Lester O. Brown (as authorized on
8/18/14)

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LESTER O. BROWN
Attorneys for Defendants West Coast Wood
Preserving, LLC

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IT IS SO ORDERED.
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Dated: August 20, 2014

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STIPULATION AND PROPOSED ORDER BETWEEN PLS. AND DEF. WEST COAST WOOD PRESERVING,
LLC TO STRIKE PORTIONS OF WEST COAST WOOD PRESERVING, LLC’S ANSWER
(2:14-cv-00595-WBS-EFB)