Stevenson Enterprises v. Mendoza et al

Filing 164

STIPULATION AND ORDER RESETTING CMC FROM 1/31/13 TO 5/23/13 AT 10:30 A.M. re 163 Joint Case Management Statement filed by Stevenson Enterprises Case Management Statement due by 5/16/2013. Further Case Management Conference set for 5/23/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/24/13. (bpf, COURT STAFF) (Filed on 1/24/2013)

1
2
3
4
5
6
7
8
9

John J. Verber, CASB# 139917
Eric R. Haas, CASB# 073947
Jack W. Schwartz Jr., CASB #124506
BURNHAM BROWN
A Professional Law Corporation
P.O. Box 119
Oakland, California 94604
--1901 Harrison Street, 14th Floor
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
STEVENSON ENTERPRISES, a California general
partnership

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13

STEVENSON ENTERPRISES, a California
general partnership

No. C 08-4845 EMC
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT AND
[PROPOSED] ORDER

14
Plaintiff,
15
v.

Date: January 31, 2013
Time: 9:00 a.m.
Courtroom: 5 [17th Floor]
Judge Edward M. Chen

16
17
18
19

ENRIQUETA MENDOZA; ESTATE OF
DAVID Z. MENDOZA; HAK CHON LEE;
JEUM SOON LEE; HYSL, Inc., a California
corporation; and YONG W. LEE,
Defendants.
______________________________________

20
21

AND RELATED CROSS-CLAIMS AND
COUNTER-CLAIMS

22
23

Plaintiff STEVENSON ENTERPRISES (“Plaintiff” or “STEVENSON”), and defendant

24

cross-claimant and counter claimant HAK CHON LEE (“HAK LEE”) jointly submit this Joint

25

Case Management Conference Statement for the Case Management Conference scheduled for

26

January 31, 2013.

27
28

There are two substantive matters that need to be completed prior to this case resuming
1
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AND [PROPOSED] ORDER

C 08-4845 EMC

1

an active litigation stance. These matters are:
(1)

2

Plaintiff must obtain a low impact site closure from the Alameda County Water

3

District (“ACWD”) so that Plaintiff will be able to complete the quantification of

4

its damages; and
(2)

5

Plaintiff must locate possible David Mendoza insurance policies in order to be

6

able to serve its First Amended Complaint on the insurance carrier(s) pursuant to

7

California Probate Code §§550, et seq.

8

With respect to low impact site closure, the ACWD has recently required Plaintiff to

9

undertake additional testing. Plaintiff has completed additional sampling under the concrete slab

10

and is in the process of obtaining air samples. Upon completion of the sampling, Plaintiff will

11

seek ACWD approval for the low impact site closure. There is no present estimate as to when

12

this process will be completed. Upon receipt of the low impact site closure, Plaintiff’s clean up

13

expenses will be liquidated and Plaintiff will be in a position to undertake a prove up hearing.

14

With respect to possible David Mendoza insurance policies, Plaintiff has reviewed the

15

documents produced by Enriqueta Mendoza pursuant to the parties’ Settlement Agreement and

16

continues its investigation.
Based thereon, the parties agree that this matter should be held in abeyance to allow

17
18

Plaintiff to complete the matters discussed above.
Plaintiff and Hak Lee therefore request that the Case Management Conference currently

19
20

scheduled for January 31st be continued to May 23, 2013 or another day convenient to the

21

///

22

///

23

///

24
25
26
27
28

2
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AND [PROPOSED] ORDER

C 08-4845 EMC

1

Court. Should Plaintiff be in a position to move the litigation forward prior to that date, Plaintiff

2

will so advise the Court and Hak Lee.

3

DATED: January 24, 2013

BURNHAM BROWN

4
5

By:

/s/ Jack W. Schwartz
JACK W. SCHWARTZ JR.
Attorneys for Plaintiff STEVENSON
ENTERPRISES

6
7
8

DATED: January 24, 2013

/s/ Brian H. Lee
BRIAN H. LEE
Attorney for Defendant HAK CHON LEE

9
10

CERTIFICATION

11

I, Jack W. Schwartz Jr., hereby attest, pursuant to N.D. Cal General Order No. 45, that

12

the concurrence to the filing of this document has been obtained from counsel for HAK CHON

13

LEE.

14
/s/ Jack W. Schwartz, Jr.
Jack W. Schwartz Jr.

15
16
17

ORDER
The Case Management Conference currently scheduled for January 31, 2013 is continued

18

May 23, 2013
until __________________ at 10:30 a.m. The parties are to file a Joint Case Management

19

May 16, 2013
Conference Statement on or before ________________. The parties are to appear ______

dw
Judge E

ER

H

28

4812-6523-2402, v. 1

RT

27

ard M.

NO

26

3
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AND [PROPOSED] ORDER

R NIA

25

DIFIE

AS MO

Chen

FO

I

LI

24

_________________________________
The Honorable EdwardRED
M. Chen
DE
Judge ofS SO OR
the U. S. District Court
TI
D

A

23

24
Dated: January ___, 2013

S DISTRICT
TE
C
TA

RT
U
O

22

IT IS SO ORDERED

S

21

telephonically / _____ in person.

UNIT
ED

20

N

F
D IS T IC T O
R

C

C 08-4845 EMC