Sacramento Suburban Water District v. Elementis Chromium Inc. et al

Filing 34

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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1 2 3 4 5 6 7 8 9 10 11 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 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 SACRAMENTO SUBURBAN WATER DISTRICT 16 Plaintiff, 17 18 19 20 21 22 23 24 25 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. 26 27 28 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, 1 2 Occidental Chemical Corporation, Honeywell International Inc., BASF Corporation, PPG 3 Incorporated, E.I. Du Pont De Nemours and Company, Univar Inc., Univar USA Inc., 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 named 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 Honeywell Incorporated. Plaintiff also will name Honeywell International Inc. (rather 13 than 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-01353 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 20  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 21 agreed that these matters should be coordinated for pretrial purposes, with a single case 22 23 management schedule to be proposed before the first Case Management Conference. The 24 parties also request leave of Court to deem pleadings and discovery filed or served in one 25 case as 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-01353 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 Dated: September 14, 2017 SHER EDLING LLP 10 11 By: /s/Matthew K. Edling_________________ As authorized on September 13, 2017 Matthew K. Edling 12 13 14 Attorneys for Plaintiff SACRAMENTO SUBURBAN WATER DISTRICT 15 16 Dated: September 14, 2017 MORGAN, LEWIS & BOCKIUS LLP 17 18 19 20 21 22 By: /s/Greg A. Christianson _______________ As authorized on September 14, 2017 Greg A. Christianson Attorneys for Defendant ELEMENTIS CHROMIUM INCORPORATED 23 24 25 26 27 28 4 STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT (Case No. 2:17-cv-01353 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 Dated: September 14, 2017 BEVERIDGE & DIAMOND, P.C. 15 16 By: /s/Gary J. Smith _____________________ As authorized on September 13, 2017 Gary J. Smith 17 18 20 Attorneys for Defendant PPG INDUSTRIES, INC., sued as PPG INCORPORATED 21 Dated: September 14, 2017 GLYNN & FINLEY, LLP 19 22 23 24 25 26 27 28 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 5 STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT (Case No. 2:17-cv-01353 KJM GGH) 1 Dated: September 14, 2017 ARCHER & GREINER P.C. 2 3 By: /s/Carlos M. Bollar __________________ As authorized on September 13, 2017 Carlos M. Bollar 4 5 Attorneys for Defendant LUXFER HOLDINGS PLC 6 7 8 Dated: September 14, 2017 ALEXANDER & ASSOCIATES, PC 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 Dated: September 14, 2017 STEPTOE & JOHNSON LLP 15 16 17 18 19 By: /s/Jay E. Smith ______________________ As authorized on September 13, 2017 Jay E. Smith Attorneys for Defendant SIGMA-ALDRICH CORPORATION 20 21 22 23 24 25 26 27 28 6 STIPULATION AND ORDER RE SCHEDULING AND CASE MANAGEMENT (Case No. 2:17-cv-01353 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 9 IT IS SO ORDERED. 10 DATED: September 19, 2017. 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-01353 KJM GGH)

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