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

Filing 99

ORDER signed by Senior Judge William B. Shubb on 2/3/2015 ORDERING that Defendant Jim Dobbas, Inc.'s 87 motion for leave to file a First Amendment Cross-Claim is GRANTED. Defendant West Coast Wood Preserving's 90 motion for leave to file an amended Answer including new cross-claims is GRANTED. Defendant David van Over's 94 motion for leave to file a First Amendment Cross-Claim is GRANTED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DEPARTMENT OF
TOXIC SUBSTANCES CONTROL and
the TOXIC SUBSTANCES CONTROL
ACCOUNT,

CIV. NO. 2:14-595 WBS EFB
ORDER RE: MOTIONS FOR LEAVE TO
FILE COUNTERCLAIMS

Plaintiffs,

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v.
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,
Defendants,
AND RELATED COUNTERCLAIMS AND
CROSS-CLAIMS.
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Before the court are three motions for leave to file
amended pleadings.

(Docket Nos. 87, 90, 94.)
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All three ask for

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leave pursuant to Federal Rules of Civil Procedure 15 to bring

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cross-claims against a defendant recently added to this case,

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Collins & Aikman Products LLC (“C&A Products”).1

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Civ. P. 15(a)(2) (“[A] party may amend its pleading only with the

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opposing party’s written consent or the court’s leave.

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should freely give leave when justice so requires.”).

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See Fed. R.

The court

First, defendant Jim Dobbas, Inc. (“Dobbas”) seeks

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leave to bring cross-claims against C&A Products as well as to

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correct typographical errors and clarify allegations against

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current cross-defendants.

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87-1).)

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moves for leave to add cross-claims against C&A Products.

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(Docket No. 90.)

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also moves for leave to add claims against C&A Products.

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No. 94.)

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(See Dobbas’s Mem. at 3-4 (Docket No.

Second, defendant West Cost Wood Preserving (“WCWP”)

Third, defendant David van Over (“van Over”)
(Docket

Plaintiffs California Department of Toxic Substances

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Control (“DTSC”) and the Toxic Substances Control Account

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(“TSCA”) filed a notice of non-opposition to all three motions.

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(Docket No. 96.)

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to all motions.

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Dobbas also filed a statement of non-opposition
(Docket No. 98.)

IT IS THEREFORE ORDERED that:
(1)

Defendant Jim Dobbas, Inc.’s motion for leave to file a

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First Amendment Cross-Claim be, and the same hereby is,

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GRANTED;

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On December 10, 2014, the court gave leave to
plaintiffs to file a First Amended Complaint adding C&A Products
as a defendant after plaintiffs discovered evidence of potential
applicable insurance coverage. (Docket No. 75.)
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(2)

Defendant West Coast Wood Preserving’s motion for leave

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to file an amended Answer including new cross-claims be,

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and the same hereby is, GRANTED;

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(3)

Defendant David van Over’s motion for leave to file a

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First Amendment Cross-Claim be, and the same hereby is,

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GRANTED.

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Dated:

February 3, 2015

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