Avila, et al v. Willits Environment, et al

Filing 1400

ORDER setting Motion Hearing for 2/1/2013 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 10/5/12. (tfS, COURT STAFF) (Filed on 10/11/2012)

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MORGAN, LEWIS & BOCKIUS LLP
COLLIE F. JAMES, IV, (SBN 192318)
[e-mail]
5 Park Plaza, Suite 1750
Irvine, CA 92614
Tel.: [phone]
Fax: [phone]
CHRISTINA L. SEIN, (SBN 229094)
[e-mail]
MONIQUE E. CHO, (SBN 251949)
[e-mail]
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
PNEUMO ABEX CORPORATION (nka Pneumo
Abex LLC) and WHITMAN CORPORATION
(nka Pepsi-Cola Metropolitan Bottling Company, Inc.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONNA M. AVILA, et al.,
Plaintiffs,

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vs.

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WILLITS ENVIRONMENTAL
REMEDIATION TRUST, et al.,

Case No. C-99-3941 SI
(Consolidated with Case Nos. C-01-0266 SI
and C-06-2555 SI)
STIPULATION AND [PROPOSED]
ORDER MODIFYING CASE
SCHEDULE

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Defendants.

(Honorable Susan Illston)

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Dept.: Courtroom 10
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
IRVINE

DB2/ 23582366.1

CASE NO. C-99-3941 SI
STIP. & [PROP.] ORDER MODIFYING
CASE SCHEDULE

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Plaintiffs, by and through their undersigned counsel, and Defendants Pneumo Abex

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Corporation and Whitman Corporation (collectively, “Defendants”), by and through their

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undersigned counsel, hereby stipulate as follows:

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WHEREAS, the parties appeared before the Court for a Further Case Management
Conference in the above-captioned matter on or about August 26, 2011;

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WHEREAS, during the Further Case Management Conference, the Court set a case

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schedule in order to accommodate a mediation between the parties and, accordingly, ordered that

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dispositive motions be filed following completion of the mediation;

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WHEREAS, the parties subsequently stipulated to, and the Court accordingly ordered, a

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modified case schedule to accommodate the dates on which the parties were able to schedule the

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mediation;

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WHEREAS, pursuant to the Court’s Order (Docket No. 1390), dispositive motions must

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be filed by October 5, 2012, oppositions to the dispositive motions must be filed by October 26,

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2012, and replies in support of the dispositive motions must be filed by November 9, 2012, with

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the hearing on the dispositive motions set for November 30, 2012, at 9:00 a.m.;

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WHEREAS, Defendants filed a Motion for Summary Judgment (Docket No. 1386) on or

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about July 20, 2012, seeking dismissal of certain Plaintiffs who did not produce causation

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opinions, as required, or who either previously settled their claims and/or did not join the appeal

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which revived the instant claims;

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WHEREAS, Defendants’ Motion is set to be heard on October 5, 2012, the same date by
which dispositive motions must be filed pursuant to the Court’s Order;
WHEREAS, the Court’s ruling on Defendants’ Motion will necessarily determine which
Plaintiffs’ claims will be challenged in Defendants’ dispositive motions;
WHEREAS, the parties participated in a mediation on August 6 – 10, 2012, and

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September 10-14, 2012, during which Defendants and certain Plaintiffs and/or their

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representatives reached settlement agreements;

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WHEREAS, following the mediation and pending the dismissal of Plaintiffs whose claims
were challenged in Defendants’ Motion, only three Plaintiffs remain in this action;

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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IRVINE

DB2/ 23582366.1

CASE NO. C-99-3941 SI
STIP. & [PROP.] ORDER MODIFYING
CASE SCHEDULE

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Dated: October 5, 2012

MORGAN, LEWIS & BOCKIUS LLP
Collie F. James, IV
Christina L. Sein
Monique E. Cho

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By
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/s/ Collie F. James, IV
Collie F. James, IV
Attorneys for Defendants
PNEUMO ABEX CORPORATION (nka
Pneumo Abex LLC) and WHITMAN
CORPORATION (nka Pepsi-Cola
Metropolitan Bottling Company, Inc.)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

10/5/12
The Honorable Susan Illston
United States District Judge

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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IRVINE

DB2/ 23582366.1

CASE NO. C-99-3941 SI
STIP. & [PROP.] ORDER MODIFYING
CASE SCHEDULE