Avila, et al v. Willits Environment, et al

Filing 1470

ORDER, Motions terminated: 1469 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Whitman Corporation, Pneumo Abex Corporation. Further Case Management Conference set for 8/30/13 is continued to 11/15/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 8/29/13. (tfS, COURT STAFF) (Filed on 8/29/2013)

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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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WILLITS ENVIRONMENTAL
REMEDIATION TRUST, et al.,

(Consolidated with Case Nos. C-01-0266 SI
and C-06-2555 SI)

vs.

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Case No. C-99-3941 SI

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

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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/ 24322691.1

CASE NO. C-99-3941 SI
STIP. & [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE

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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, a Case Management Conference is currently scheduled for Friday,
August 30, 2013;
WHEREAS, all remaining live claims in this action have been settled and memorialized
through written settlement agreements;
WHEREAS, certain of the settlements require resolution of Medicare or other liens prior
to distribution of the agreed-upon settlement monies;

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WHEREAS, since the last Case Management Conference, the Parties have worked

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diligently to resolve these issues and, as of the date of this Stipulation, forty-six Plaintiffs’

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settlements have been paid and only ten are still in the process of lien resolution; and

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WHEREAS, the Parties are confident that these final ten settlements can be finalized and
completed within sixty days.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the

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respective parties hereto, that: Subject to the approval of the Court, the Case Management

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Conference in this matter is continued to Friday, November 15, 2013 at 3:00 p.m.

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Dated: August 28, 2013

LAW OFFICES OF WILLIAM M. SIMPICH

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By

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s/William M. Simpich
William M. Simpich
Attorney for Plaintiffs

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LAW OFFICES OF TESFAYE W. TSADIK

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By

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s/Tesfaye W. Tsadik
Tesfaye W. Tsadik
Attorney for Plaintiffs

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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IRVINE

DB2/ 24322691.1

CASE NO. C-99-3941 SI
STIP. & [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE

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Dated: August 28, 2013

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:

8/29/13

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/ 24322691.1

CASE NO. C-99-3941 SI
STIP. & [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE