SPPI-Somersville, Inc. et al v. TRC Companies, Inc. et al

Filing 699

ORDER RE: ANTIOCH SETTLEMENT. (should be document #624) (tf, COURT STAFF) (Filed on 9/22/2009)

Case3:04-cv-02648-SI Document614

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Paul P. Spaulding III (State Bar No. 083922) [e-mail] James H. Colopy (State Bar No. 172806) [e-mail] Ruth Ann Castro (State Bar No. 209448) [e-mail] Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Peter W. McGaw (State Bar No. 104691) [e-mail] John L. Kortum (State Bar No. 148573) [e-mail] ARCHER NORRIS 2033 North Main Street, Suite 800 Walnut Creek, CA 94596-3728 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SPPI-SOMERSVILLE, INC. and SOMERSVILLE-GENTRY, INC. UNITED STATES DISTRICT COURT

15 NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION 16 17 18 19 20 21 22 23 24 25 26 27 28
Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

SPPI-SOMERSVILLE, INC. and SOMERSVILLE-GENTRY, INC., Plaintiffs, vs. TRC COMPANIES, INC.; GBF HOLDINGS LLC, et al., Defendants. SPPI-SOMERSVILLE, INC. and SOMERSVILLE-GENTRY, INC., Plaintiffs, vs. CHEVRON U.S.A., INC., as successor to Standard Oil of California, Inc., Defendants.

Case No. C 04-02648-SI (Consolidated with Case No. C 07-05824 SI) STIPULATION AND [PROPOSED] ORDER

Case3:04-cv-02648-SI Document614

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

WHEREAS Plaintiffs SPPI-Somersville, Inc. and Somersville-Gentry, Inc. ("Plaintiffs") and defendant City of Antioch ("Antioch") have reached a settlement of all claims in this action; WHEREAS Antioch will be filing a Motion seeking good faith court approval of the settlement, which will be joined by Plaintiffs; WHEREAS Antioch and Plaintiffs seek to have the Motion heard on shortened time on September 22, 2009; WHEREAS Antioch and Plaintiffs have filed motions in limine, and have exchanged jury instructions as between them; IT IS HEREBY STIPULATED: 1. Each Motion in Limine filed by Antioch is taken off calendar and held in abeyance, without requiring any opposition, unless another party has joined that Motion in Limine. If a Motion in Limine filed by Antioch is joined by another party, such Motion(s) remain set for briefing and hearing under the current schedule previously set by the Court; 2. Antioch is not required to file Oppositions by the current deadline of September 18, 2009, to any Motion in Limine filed by Plaintiffs; 3. Any jury instruction proposed by Antioch is not required to be included in the set of Jury Instructions being jointly submitted by the parties to the Court, unless another party has joined that jury instruction. If a jury instruction proposed by Antioch is joined by another party, it shall be included in the joint submission to the Court. 4. Should the Antioch's Motion for good faith court approval not be granted, the Motions in Limine that were taken off calendar, and the jury instructions that were not included in the joint submission to the court, will be heard and resolved by the Court without prejudice to Antioch or Plaintiffs.

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Case3:04-cv-02648-SI Document614

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1 IT IS SO STIPULATED 2 DATED: September 16, 2009 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

FARELLA BRAUN + MARTEL LLP By: James H. Colopy /s/

Attorneys for Plaintiffs SPPI-SOMERSVILLE, INC., and SOMERSVILLE-GENTRY, INC. DATED: September 16, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: /s/ Earl L. Hagström Matthew G. Dudley Attorneys for Defendant CITY OF ANTIOCH

IT IS SO ORDERED.

Dated:

, 2009

__________________________ Honorable Susan Illston United States District Judge

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