KFD Enterprises Inc v. City of Eureka

Filing 260

ORDER APPROVING STIPULATION FOR THIRD PARTY DEFENDANT WINZLER & KELLY FILING A RESPONSE TO THE CITY OF EUREKA'S THIRD AMENDED COUNTERCLAIM AND CROSSCLAIM. Following the Court's ruling on ERI's Motion, Winzler & Kelly will have up to 21 days to respond to either Eureka's TACC, or to a Fourth Amended Counterclaim and Cross-Claim if one is permitted by the Court. Signed by Judge Maxine M. Chesney on June 10, 2010. (mmclc1, COURT STAFF) (Filed on 6/10/2010)

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NANNETTE DE LARA (State Bar No. 98090) [e-mail] PETER C. LYON (State Bar No. 174019) [e-mail] SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Third Party Defendant WINZLER & KELLY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

11 KFD ENTERPRISES, INC., a California Corporation dba Norman's Dry Cleaner, 12 Plaintiff, 13 vs. 14 CITY OF EUREKA, et al. 15 Defendant. 16 17 AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS. 18 19 20 21 22 23 24 25 26 27 28
-103632/1003/815617.2
FIL ING A RES

Case No.: 3:08-cv-04571-MMC STIPULATION AND PROPOSED ORDER FOR THIRD PARTY DEFENDANT WINZLER & KELLY FILING A RESPONSE TO THE CITY OF EUREKA'S THIRD AMENDED COUNTERCLAIM AND CROSSCLAIM

AND ORDER APPROVING STIPULATION

Third-Party Defendant Winzler & Kelly ("Winzler & Kelly ) and Third Party Plaintiff, The " City of Eureka ("Eureka ) hereby stipulate as follows: " Whereas both Winzler & Kelly and defendant Environmental Resolutions, Inc. ("ERI ) have " similar interests in this litigation to the extent that both are alleged to have installed monitoring wells that have contributed to the environmental conditions at the 2907 E Street Property ("Property ), " which is the subject of this litigation; /// ///

STIPULATION & PROPOSED ORDER FOR FILING A RESPONSE TO 3RD AMENDED COUNTERCLAIM CASE NO.3:08-CV-04571-MMC

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Whereas on May 27, 2010 ERI filed a Motion to Dismiss multiple claims within various pleadings (herein, the "ERI Motion ), including claims within the Third Amended Counterclaim and " Crossclaim ("TACC ) of Eureka, which ERI Motion is scheduled for hearing on July 16, 2010; " Whereas both Winzler & Kelly and Eureka believe that the Court's ruling on said ERI Motion will provide some guidance with respect to the viability of Eureka's claims against Winzler & Kelly as set forth in Eureka's TACC, and wish to effectuate a standstill with regard to their rights until after they can review the Court's ruling on the pending ERI Motion; Whereas both Winzler & Kelly and Eureka believe that this stipulation will avoid redundancy of briefing on matters already before the Court with respect to Eureka's TACC, thereby conserving judicial and party resources. Therefore, Winzler & Kelly and City of Eureka hereby stipulate to the following: (1) Following the Court's ruling on ERI's Motion, which is set to be heard July 16, 2010,

Winzler & Kelly will have up to 21 days to respond to either Eureka's TACC, or to a Fourth Amended Counterclaim and Cross-claim by Eureka if one is permitted by the Court; (2) Both Eureka and Winzler & Kelly will retain their rights to challenge and respond to

each other with respect to the TACC or to any subsequent amendments thereto as allowed by the Court's ruling on the pending ERI Motion.

DATED: June 3, 2010

SEVERSON & WERSON A Professional Corporation By: /s/ Peter C. Lyon PETER C. LYON

Attorneys for Third Party Defendant WINZLER & KELLY

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STIPULATION & PROPOSED ORDER FOR FILING A RESPONSE TO 3RD AMENDED COUNTERCLAIM CASE NO. 3:08-CV-04571-MMC

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I, Peter C. Lyon, am the user whose identification and password are being used to file this stipulation. I hereby attest that Charles Bolcom, the other signatory below, has concurred in the filing of this document. /s/ Peter C. Lyon PETER C. LYON

DATED: June 3, 2010

DAVIDOVITZ & BENNETT LLP By: /s/ Charles Bolcom MORIS DAVISOVITZ CHARLES BOLCOM

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Attorneys for Third Party Plaintiff THE CITY OF EUREKA

PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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10 DATED: JUNE ___, 2010

_______________________________ MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

STIPULATION & PROPOSED ORDER FOR FILING A RESPONSE TO 3RD AMENDED COUNTERCLAIM CASE NO. 3:08-CV-04571-MMC