Sacramento Suburban Water District v. Elementis Chromium Inc. et al
Filing
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/19/2017 re: Scheduling and Case Management. All defendants named in this stipulation will file responsive pleadings by 9/25/2017. Plaintiff's response due by 10/25/2017. Defendants reply briefs due by 11/8/2017.(Donati, J)
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GENNARO A. FILICE III (State Bar No. 061112)
gfilice@kslaw.com
NICHOLAS D. KAYHAN (State Bar No. 129878)
nkayhan@kslaw.com
AMBER M. TRINCADO (State Bar No. 260186)
atrincado@kslaw.com
MEGAN R. NISHIKAWA (State Bar No. 271670)
mnishikawa@kslaw.com
BAILEY J. LANGNER (State Bar No. 307753)
blangner@kslaw.com
KING & SPALDING LLP
101 Second Street, Suite 2300
San Francisco, CA 94105
Telephone: 415-318-1200
Facsimile:
415-318-1300
Attorneys for Defendant
BASF CORPORATION
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO SUBURBAN WATER
DISTRICT
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Plaintiff,
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v.
Case No. 2:17-cv-01353 KJM GGH
STIPULATION AND ORDER RE
SCHEDULING AND CASE
MANAGEMENT
ELEMENTIS CHROMIUM
INCORPORATED, OCCIDENTAL
CHEMICAL CORPORATION,
HONEYWELL INCORPORATED, BASF
CORPORATION, PPG INCORPORATED,
E.I. DU PONT DE NEMOURS AND
COMPANY, LUXFER HOLDINGS PLC,
UNIVAR INCORPORATED, SIGMAALDRICH CORPORATION, and DOW
CHEMICAL COMPANY
Defendants.
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
The parties Sacramento Suburban Water District, Elementis Chromium Incorporated,
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Occidental Chemical Corporation, Honeywell International Inc., BASF Corporation, PPG
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Incorporated, E.I. Du Pont De Nemours and Company, Univar Inc., Univar USA Inc., Luxfer
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Holdings PLC, Sigma-Aldrich Corporation, and The Dow Chemical Company, through their
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undersigned counsel hereby stipulate and agree to the following:
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The Defendants named above were served on different dates. As a result, Defendants’
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responsive pleadings are due on different dates.
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Honeywell Incorporated was improperly named as a defendant, and thus service was not
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initially effectuated. By this stipulation, Plaintiff agrees that the current Complaints
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should be deemed, through interlineation, to substitute Honeywell International Inc. for
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Honeywell Incorporated. Plaintiff also will name Honeywell International Inc. (rather
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than Honeywell Incorporated) in any later amendment to the Complaints. Making no
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admissions and reserving all appropriate legal and factual defenses, counsel for
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Honeywell International Inc. agrees to respond to the pending Complaints as if
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Honeywell International Inc. had been properly served, and it will be bound by the
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deadlines and provisions set forth in this Stipulation.
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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
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above-captioned action is hereby dismissed as against Univar Inc. only, without
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prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Plaintiff
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shall file a stipulated dismissal pursuant thereto. Plaintiff reserves all of its rights as
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against all other defendants. The parties further agree that the current Complaints should
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be deemed, through interlineation, to substitute Univar USA Inc. for Univar Incorporated.
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Plaintiff also will name Univar USA Inc. (rather than Univar Inc.) in any later
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
amendment to the Complaints. Making no admissions and reserving all appropriate legal
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and factual defenses, counsel for Univar USA Inc. agrees to respond to the pending
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Complaints as if Univar USA Inc. had been properly served, and it will be bound by the
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deadlines and provisions set forth in this Stipulation.
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Defendants have agreed to coordinate their responsive pleadings and have met and
conferred with Plaintiff and agreed to the following schedule:
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o All Defendants named in this stipulation will file responsive pleadings by
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September 25, 2017;
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o Plaintiff will respond to any pleading motions by October 25, 2017; and
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o Defendants will file reply briefs by November 8, 2017;
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o The parties propose a hearing date of November 17, 2017, or the soonest the
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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
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argument on Defendants’ pleading motions or entry of a minute order indicating that oral
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argument will not be necessary.
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The Defendants listed above have been named in a related action brought by Rio Linda
Elverta Community Water District (Case No. 2:17-cv-01349 KJM GGH), which is also
pending in this Court. (See Related Case Order.) The parties met and conferred and
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agreed that these matters should be coordinated for pretrial purposes, with a single case
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management schedule to be proposed before the first Case Management Conference. The
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parties also request leave of Court to deem pleadings and discovery filed or served in one
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case as filed or served in both cases.
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So stipulated.
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
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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
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By: /s/Amber M. Trincado ________________
Amber M. Trincado
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Attorneys for Defendant
BASF CORPORATION
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Dated: September 14, 2017
SHER EDLING LLP
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By: /s/Matthew K. Edling_________________
As authorized on September 13, 2017
Matthew K. Edling
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Attorneys for Plaintiff
SACRAMENTO SUBURBAN WATER
DISTRICT
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Dated: September 14, 2017
MORGAN, LEWIS & BOCKIUS LLP
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By: /s/Greg A. Christianson _______________
As authorized on September 14, 2017
Greg A. Christianson
Attorneys for Defendant
ELEMENTIS CHROMIUM INCORPORATED
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
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Dated: September 14, 2017
BARG COFFIN LEWIS & TRAPP, LLP
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By: /s/John F. Barg _____________________
As authorized on September 13, 2017
John F. Barg
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Attorneys for Defendant
OCCIDENTAL CHEMICAL CORPORATION
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Dated: September 14, 2017
ARNOLD & PORTER KAYE SCHOLER LLP
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By: /s/Stephanie B. Weirick _______________
As authorized on September 13, 2017
Stephanie B. Weirick
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Attorneys for Defendant
HONEYWELL INTERNATIONAL INC.
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BEVERIDGE & DIAMOND, P.C.
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By: /s/Gary J. Smith _____________________
As authorized on September 13, 2017
Gary J. Smith
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Attorneys for Defendant
PPG INDUSTRIES, INC.,
sued as PPG INCORPORATED
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GLYNN & FINLEY, LLP
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By: /s/Andrew T. Mortl __________________
As authorized on September 13, 2017
Andrew T. Mortl
Attorneys for Defendant
E.I. DU PONT DE NEMOURS AND
COMPANY
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
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Dated: September 14, 2017
ARCHER & GREINER P.C.
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By: /s/Carlos M. Bollar __________________
As authorized on September 13, 2017
Carlos M. Bollar
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Attorneys for Defendant
LUXFER HOLDINGS PLC
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Dated: September 14, 2017
ALEXANDER & ASSOCIATES, PC
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By: /s/Alisyn J. Palla ____________________
As authorized on September 13, 2017
Alisyn J. Palla
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Attorneys for Defendant
UNIVAR USA INC. and UNIVAR INC.
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STEPTOE & JOHNSON LLP
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By: /s/Jay E. Smith ______________________
As authorized on September 13, 2017
Jay E. Smith
Attorneys for Defendant
SIGMA-ALDRICH CORPORATION
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
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Dated: September 14, 2017
MITCHELL CHADWICK LLP
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By: /s/Clifton J. McFarland _______________
As authorized on September 13, 2017
Clifton J. McFarland
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Attorneys for Defendant
THE DOW CHEMICAL COMPANY
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IT IS SO ORDERED.
10 DATED: September 19, 2017.
UNITED STATES DISTRICT JUDGE
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STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT
(Case No. 2:17-cv-01353 KJM GGH)
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