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)

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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: (510) 444-6800 Facsimile: (510) 835-6666 Email: 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

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