Rio Linda Elverta Community Water District v. USA, et al.,

Filing 34

STIPULATION AND ORDER RE-SCHEDULING AND CASE MANAGEMENT signed by District Judge Kimberly J. Mueller on 9/19/17. All Defendants named in this stipulation to file responsive pleadings by 9/25/2017. Plaintiff to respond to any pleading motions by 10/25/2017. Defendants to file reply briefs by 11/8/2017. (Kastilahn, A)

1
2
3
4
5
6
7
8
9
10
11

GENNARO A. FILICE III (State Bar No. 061112)
[e-mail]
NICHOLAS D. KAYHAN (State Bar No. 129878)
[e-mail]
MEGAN R. NISHIKAWA (State Bar No. 271670)
[e-mail]
AMBER M. TRINCADO (State Bar No. 260186)
[e-mail]
BAILEY J. LANGNER (State Bar No. 307753)
[e-mail]
KING & SPALDING LLP
101 Second Street, Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile:
415-318-1300
Attorneys for Defendant
BASF CORPORATION

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15

RIO LINDA ELVERTA COMMUNITY
WATER DISTRICT

16
Plaintiff,
17
18
19
20
21
22
23
24

v.

Case No. 2:17-cv-01349 KJM GGH
STIPULATION AND ORDER RE
SCHEDULING AND CASE
MANAGEMENT

THE UNITED STATES OF AMERICA,
ELEMENTIS CHROMIUM
INCORPORATED, OCCIDENTAL
CHEMICAL CORPORATION,
HONEYWELL INCORPORATED, BASF
CORPORATION, PPG INCORPORATED,
E.I. DU PONT DE NEMOURS AND
COMPANY, UNIVAR INCORPORATED,
LUXFER HOLDINGS PLC, SIGMAALDRICH CORPORATION, and DOW
CHEMICAL COMPANY

25
26

Defendants.

27
28
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)

The parties Rio Linda Elverta Community Water District, Elementis Chromium

1
2

Incorporated, Occidental Chemical Corporation, Honeywell Incorporated, BASF Corporation,

3

PPG Incorporated, E.I. Du Pont De Nemours and Company, Univar Incorporated, Luxfer

4

Holdings PLC, Sigma-Aldrich Corporation, and The Dow Chemical Company, through their

5

undersigned counsel hereby stipulate and agree to the following:

6



The Defendants named above were served on different dates. As a result, Defendants’

7
responsive pleadings are due on different dates.

8
9



Honeywell Incorporated was improperly names as a defendant, and thus service was not

10

initially effectuated. By this stipulation, Plaintiff agrees that the current Complaints

11

should be deemed, through interlineation, to substitute Honeywell International Inc. for

12

Honey Incorporated. Plaintiff also will name Honeywell International Inc. (rather than

13

Honeywell Incorporated) in any later amendment to the Complaints. Making no

14
admissions and reserving all appropriate legal and factual defenses, counsel for
15
Honeywell International Inc. agrees to respond to the pending Complaints as if

16
17

Honeywell International Inc. had been properly served, and it will be bound by the

18

deadlines and provisions set forth in this Stipulation.

19
20



Univar Inc., erroneously named in the Complaint as Univar Incorporated, filed an
Answer to the Complaint on August 17, 2017. By this stipulation, Plaintiff agrees the

21
above-captioned action is hereby dismissed as against Univar Inc. only, without
22
23

prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Plaintiff

24

shall file a stipulated dismissal pursuant thereto. Plaintiff reserves all of its rights as

25

against all other defendants. The parties further agree that the current Complaints should

26

be deemed, through interlineation, to substitute Univar USA Inc. for Univar Incorporated.

27

Plaintiff also will name Univar USA Inc. (rather than Univar Inc.) in any later

28

2
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)

amendment to the Complaints. Making no admissions and reserving all appropriate legal

1
2

and factual defenses, counsel for Univar USA Inc. agrees to respond to the pending

3

Complaints as if Univar USA Inc. had been properly served, and it will be bound by the

4

deadlines and provisions set forth in this Stipulation.

5



6

Defendants have agreed to coordinate their responsive pleadings and have met and
conferred with Plaintiff and agreed to the following schedule:

7
o All Defendants named in this stipulation will file responsive pleadings by

8

September 25, 2017;

9
10

o Plaintiff will respond to any pleading motions by October 25, 2017; and

11

o Defendants will file reply briefs by November 8, 2017;

12

o The parties propose a hearing date of November 17, 2017, or the soonest the

13
14

Court can hear the matter following the filing of the reply briefs.


The parties request that a Case Management Conference be set 60 days after oral

15
argument on Defendants’ pleading motions or entry of a minute order indicating that oral

16

argument will not be necessary.

17
18



19

The Defendants listed above have been named in a related action brought by Sacramento
Suburban Water District (Case No. 2:17-cv-01353 KJM GGH), which is also pending in

20

this Court. (See Related Case Order.) The parties met and conferred and agreed that

21
these matters should be coordinated for pretrial purposes, with a single case management
22
schedule to be proposed before the first Case Management Conference. The parties also

23
24

request leave of Court to deem pleadings and discovery filed or served in one case as

25

filed or served in both cases.

26



So stipulated.

27
28

3
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)

1
2
3

Pursuant to Local Rule 131(e), all undersigned counsel have authorized BASF
Corporation’s counsel, Amber M. Trincado, to sign and submit this Stipulation on their behalf.
Dated: September 14, 2017

KING & SPALDING LLP

4
5
By: /s/Amber M. Trincado ________________
Amber M. Trincado

6
7

Attorneys for Defendant
BASF CORPORATION

8
9
10 Dated: September 14, 2017

SHER EDLING LLP

11
12

By: /s/Matthew K. Edling_________________
As authorized on September 13, 2017
Matthew K. Edling

13
14

Attorneys for Defendant
RIO LINDA ELVERTA COMMUNITY
WATER DISTRICT

15
16
17
18

Dated: September 14, 2017

MORGAN, LEWIS & BOCKIUS LLP

19
20
21
22
23

By: /s/Greg A. Christianson_______________
As authorized on September 14, 2017
Greg A. Christianson
Attorneys for Defendant
ELEMENTIS CHROMIUM INCORPORATED

24
25
26
27
28

4
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)

1

Dated: September 14, 2017

BARG COFFIN LEWIS & TRAPP, LLP

2
3
By: /s/John F. Barg _____________________
As authorized on September 13, 2017
John F. Barg

4
5

Attorneys for Defendant
OCCIDENTAL CHEMICAL CORPORATION

6
7
8 Dated: September 14, 2017

ARNOLD & PORTER KAYE SCHOLER LLP

9
10
By: /s/Stephanie B. Weirick _______________
As authorized on September 13, 2017
Stephanie B. Weirick

11
12
13

Attorneys for Defendant
HONEYWELL INTERNATIONAL INC.

14
15

Dated: September 14, 2017

BEVERIDGE & DIAMOND, P.C.

16
17
18
19
20
21

By: /s/Gary J. Smith _____________________
As authorized on September 13, 2017
Gary J. Smith
Attorneys for Defendant
PPG INDUSTRIES, INC.,
sued as PPG INCORPORATED

22
23
24
25
26
27
28

5
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)

1

Dated: September 14, 2017

GLYNN & FINLEY, LLP

2
3
By: /s/Andrew T. Mortl __________________
As authorized on September 13, 2017
Andrew T. Mortl

4
5

7

Attorneys for Defendant
E.I. DU PONT DE NEMOURS AND
COMPANY

8 Dated: September 14, 2017

ALEXANDER & ASSOCIATES, PC

6

9
10
By: /s/Alisyn J. Palla ____________________
As authorized on September 13, 2017
Alisyn J. Palla

11
12
13

Attorneys for Defendant
UNIVAR USA INC. and UNIVAR INC.

14
15

Dated: September 14, 2017

ARCHER & GREINER P.C.

16
17

By: /s/Carlos M. Bollar __________________
As authorized on September 13, 2017
Carlos M. Bollar

18
19
20

Attorneys for Defendant
LUXFER HOLDINGS PLC

21 Dated: September 14, 2017

STEPTOE & JOHNSON LLP

22
23
24
25
26
27
28

By: /s/Jay E. Smith ______________________
As authorized on September 13, 2017
Jay E. Smith
Attorneys for Defendant
SIGMA-ALDRICH CORPORATION
6
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)

1

Dated: September 14, 2017

MITCHELL CHADWICK LLP

2
3
By: /s/Clifton J. McFarland _______________
As authorized on September 13, 2017
Clifton J. McFarland

4
5

Attorneys for Defendant
THE DOW CHEMICAL COMPANY

6
7
8 IT IS SO ORDERED.
9 DATED: September 19, 2017.
10

UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

7
STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01349 KJM GGH)