Palmtree Acquisition Corporation v. Neely et al

Filing 126

STIPULATION AND ORDER: Further Case Management Conference continued to 10/24/2011 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 5/27/2011. (awb, COURT STAFF) (Filed on 5/31/2011)

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Paul Kozachenko, Esq., SBN: 104601
Selena P. Ontiveros, Esq., SBN: 211790
GONSALVES & KOZACHENKO
1133 Auburn Street
Fremont, CA 94538
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Third Party Plaintiff
Stark Investment Company, a California
general partnership

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PALMTREE ACQUISITION
CORPORATION, a Delaware corporation,

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STIPULATION AND [PROPOSED
ORDER] CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiff,

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Case No. CV 08 3168 MHP

vs.
Hon. Marilyn H. Patel
MICHAEL R. NEELY, an individual, PERRY
J. NEELY, an individual; GARY NEELY, an
individual; MICHAEL R. NEELY, PERRY J.
NEELY and GARY NEELY dba MIKE‘S ONE
HOUR CLEANERS; CHARLES FREDERICK
HARTZ dba PAUL’S SPARKLE CLEANERS;
CHARLES F. HARTZ, an individual;
MULTIMATIC CORPORATION, a New
Jersey corporation; WESTERN STATES
DESIGN, a California corporation;
MCCORDUCK PROPERTIES LIVERMORE,
LLC, a Delaware limited liability company
individually and as the successor to JOHN
MCCORMICK, KATHLEEN MCCORDUCK,
PAMELA MCCORDUCK, SANDRA
MCCORDUCK MARONA, and IMA
FINANCIAL CORPORATION, a California
corporation; STARK INVESTMENT
COMPANY, a California general partnership;
GRUBB & ELLIS REALTY INCOME
TRUST, LIQUIDATING TRUST, a California
trust; and DOES 1-20, inclusive,

Date: June 6, 2011
Time: 2:00 p.m.
Courtroom: 15, 18th floor

Defendants.

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STIPULATION AND [PROPOSED ORDER] CONTINUING CASE MANAGEMENT CONFERENCE

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THE KIRRBERG CORPORATION, formerly
known as MULTIMATIC CORPORATION, a
New Jersey corporation; and STARK
INVESTMENT COMPANY, L.P., a California
limited partnership,

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Third Party Plaintiffs,
v.
DOROTHY ANDERSON, Trustee of The
Anderson Marital Trust, dated February 28,
1979, as amended and restated August 31, 1994;
and DOROTHY ANDERSON, Trustee of The
Anderson Tax Deferral Trust, dated February
28, 1979, as amended and restated August 31,
1994,
Third Party Defendants.

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The parties who have appeared in the above-captioned action have met and conferred and

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jointly submit the following Stipulation and Proposed Order continuing the Case Management

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Conference currently scheduled for June 6, 2011 at 2:00 p.m. to a date in October that is available

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on the Court’s calendar.

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1.

The Plaintiff and Defendants, with the exception of Grubb & Ellis Realty Income

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Trust, Liquidating Trust, (“Responding Parties”) have been mediating this matter with Timothy

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Gallagher, Esq., along with other potentially responsible parties, and are continuing to do so, while

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simultaneously working cooperatively to respond to the Regional Water Quality Control Board’s

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(“RWQCB”) directives.

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2.

At the last Case Management Conference on September 27, 2010, the Court

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“administratively closed” the case, subject to the Parties’ notice to put the case back on calendar.

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The Third Amended Third Party Complaint was filed on March 21, 2011 against Third Party

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Defendants Dorothy Anderson, Trustee of The Anderson Marital Trust, dated February 28, 1979,

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as amended and restated August 31, 1994; and Dorothy Anderson, Trustee of The Anderson Tax

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Deferral Trust, dated February 28, 1979, as amended and restated August 31, 1994. The deadline

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for Third Party Defendants to respond is June 1, 2011.
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STIPULATION AND [PROPOSED ORDER] CONTINUING CASE MANAGEMENT CONFERENCE

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3.

Since the last Case Management Conference, the Responding Parties, through their

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various technical consultants, have implemented a work plan that the RWQCB had approved. On

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March 31, 2011, the Responding Parties submitted a Remedial Investigation report to the RWQCB

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containing a summary of their technical investigation of the site and proposed remedial

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alternatives. The RWQCB is currently reviewing the Responding Parties’ report. In the meantime,

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the Responding Parties are requesting bids from contractors for the design and installation of

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remedial actions proposed in their report.

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4.

The Responding Parties are currently engaged in mediation with Mr. Gallagher to

fund the recommended remedial actions. These sessions, which are presently underway, are
scheduled through July 2011.
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Therefore, to allow the Responding Parties to continue their informal negotiations

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between themselves with Mr. Gallagher, the Responding Parties stipulate that the case

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management conference currently scheduled for June 6, 2011 be continued to a date in October

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that is available on the Court’s calendar.

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DATED: May 26, 2011

Gonsalves & Kozachenko

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By:

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/s/ Selena P. Ontiveros
Selena P. Ontiveros

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Attorneys for Defendant & Third Party
Plaintiff Stark Investment Company, a
California general partnership

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DATED: May 26, 2011

The Costa Law Firm

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By:
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/s/ Daniel P. Costa
Daniel P. Costa

Attorneys for Defendant & Third Party
Plaintiff Stark Investment Company, a
California general partnership

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STIPULATION AND [PROPOSED ORDER] CONTINUING CASE MANAGEMENT CONFERENCE

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DATED: May 26, 2011

Cox, Castle & Nicholson, LLP

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By:

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/s/ Peter Morrisette
Peter Morrisette

Attorneys for Plaintiff
Palmtree Acquisition Corporation

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DATED: May 26, 2011

Bassi, Edlin, Huie & Blum LLP

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By:
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/s/ Noel Edlin
Noel Edlin

Attorneys for Defendants
Michael R. Neely, Perry J. Neely, and
Gary Neely, dba Mike’s One Hour Cleaners

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DATED: May 26, 2011

Dongell Lawrence Finney, LLP

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By:
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/s/ Thomas A. Vandenburg
Thomas A. Vandenburg

Attorneys for Defendant & Third Party
Plaintiff The Kirrberg Corporation f/k/a
Multimatic Corporation

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DATED: May 26, 2011

Rogers Joseph O’Donnell

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By:

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/s/ Robert C. Goodman
Robert C. Goodman

Attorneys for Defendant Charles Frederick
Hartz, dba Paul’s Sparkle Cleaners

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STIPULATION AND [PROPOSED ORDER] CONTINUING CASE MANAGEMENT CONFERENCE

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DATED: May 26, 2011

Gordon, Watrous, Ryan, Langley, Bruno &
Paltenghi

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By:

/s/ Bruce C. Paltenghi
Bruce C. Paltenghi

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Attorneys for Defendant McCorduck
Properties Livermore, LLC

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DATED: May 26, 2011

Castellon & Funderburk LLP

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By:

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/s/ Ruben A. Castellon
Ruben A. Castellon

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Attorneys for Defendant McCorduck
Properties Livermore, LLC

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DATED: May 26, 2011

Foley Mcintosh Frey & Claytor

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By:

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/s/ James D. Claytor
James D. Claytor

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Attorneys for Defendant Western State Design

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ORDER

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The Case Management Conference scheduled for June 6, 2011 at 2:00 p.m. is continued to

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October ___, 2011 at 3:00 p.m. The Stipulation and Order entered by the Court on September 15,

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2008 remains in effect, including the stay on discovery.

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UNIT
ED

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ED

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FO

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R NIA

RDER
______________________________
IS S O
T Patel O
I
Marilyn H.
Judge of the United States District Court
l
H. Pate
Marilyn
Judge

5/27/2011
Dated: ______________________

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STIPULATION AND [PROPOSED ORDER] CONTINUING CASE MANAGEMENT CONFERENCE