Stevenson Enterprises v. Mendoza et al

Filing 171

ORDER Re 170 Joint Case Management Statement, Stipulation Regarding Filing of Request for Entry of Judgment Against Defendant Hak Lee. Further Case Management Conference set for 1/28/2014 has been CONTINUED to 7/31/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Further Case Management Conference Statement due by 7/24/2014. Signed by Judge Edward M. Chen on 1/24/2014. (emcsec, COURT STAFF) (Filed on 1/24/2014)

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John J. Verber, CASB# 139917
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]

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Attorneys for Plaintiff and Counter-Defendant
STEVENSON ENTERPRISES, a California general
partnership

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVENSON ENTERPRISES, a California
general partnership

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

No. C 08-4845 EMC
JOINT CASE MANAGEMENT
STATEMENT, STIPULATION AND
[PROPOSED] ORDER REGARDING
FILING OF REQUEST FOR ENTRY
OF JUDGMENT AGAINST
DEFENDANT HAK LEE

Defendants.
______________________________________

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AND RELATED CROSS-CLAIMS AND
COUNTER-CLAIMS

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

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cross-claimant and counter claimant HAK CHON LEE (“HAK LEE”) file the following Joint

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Case Management Statement and stipulate as follows:

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1. HAK LEE has previously stipulated that Plaintiff may obtain a Judgment against
him.
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Joint Case Management Conference Statement, Stipulation and [Proposed] Order
Regarding Filing Of Request For Entry Of Judgment Against Defendant Hak Lee

C 08-4845 EMC

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2. Since the filing of parties’ last Stipulation and Order Regarding Filing Of Request

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For Entry Of Judgment Against Hak Lee and Order thereon [Case Document 168,

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filed September 18, 2013], Plaintiff has met with the Alameda County Water Agency

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(“ACWA”), the regulatory agency charged with regulating the cleanup of the site, to

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attempt to obtain a conditional closure (also known as a low risk site closure

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determination) for the site underlying this litigation.

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3. The ACWA has now required that Plaintiff install and monitor additional vapor wells

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in areas in close proximity to the subject premises. As a result, the Plaintiff is neither

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in a position to obtain a conditional closure from the ACWA or determine the amount

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of its damages such that obtaining a Judgment against Hak Lee at this time would be

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appropriate.
4. Plaintiff has been informed that at least six (6) months will be required before it will

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be in a position to seek a conditional closure of the site from the ACWA.

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5. Obtaining the ACWA’s determination would serve as a date which Plaintiff could

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use to liquidate its damages in support of its request for a Judgment against HAK

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LEE.

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6. Based thereon, and subject to the ACWA providing a conditional site closure of the

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site, Plaintiff and HAK LEE stipulate that Plaintiff shall have up to and including

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July 31, 2014 to file its request for entry of a Judgment against HAK LEE. The

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Parties agree that if, by that date, the ACWA has not provided a conditional site the

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date for Plaintiff to obtain a Judgment against HAK LEE may be continued as

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required for the Plaintiff to be able to more fully ascertain its damages.

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7. Based on the above, the Parties further request that the Case Management Conference

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currently scheduled for January 28, 2014 at 10:30 a.m. be continued until July 31,

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Joint Case Management Conference Statement, Stipulation and [Proposed] Order
Regarding Filing Of Request For Entry Of Judgment Against Defendant Hak Lee

C 08-4845 EMC

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2014 or a date thereafter convenient to the Court.
IT IS SO STIPULATED:
DATED: January 23, 2014

BURNHAM BROWN

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By:

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DATED: January 23, 2014

_/s/ Jack W. Schwartz Jr.______
JACK W. SCHWARTZ JR.
Attorneys for Plaintiff STEVENSON
ENTERPRISES
__/s/ Brian H. Lee_______________
BRIAN H. LEE
Attorney for Defendant HAK CHON LEE

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Joint Case Management Conference Statement, Stipulation and [Proposed] Order
Regarding Filing Of Request For Entry Of Judgment Against Defendant Hak Lee

C 08-4845 EMC

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CERTIFICATION

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

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

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LEE.

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/s/ Jack W. Schwartz Jr.
Jack W. Schwartz Jr.

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ORDER

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The Court, having reviewed the Joint Case Management Conference Statement,

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Stipulation and [Proposed] Order Regarding Filing Of Request For Entry Of Judgment Against

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Defendant Hak Lee, AND FOR GOOD CAUSE APPEARING orders:
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Plaintiff shall have up to and including July 31, 2014 to file its papers in support

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of its Request For Entry Of Judgment Against defendant HAK LEE. Should the Alameda

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County Water Agency not issue a conditional site closure by that date, the Parties are instructed

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to so inform the Court and provide the Court further information as to a date when the Plaintiff

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is likely to be in a position to request the entry of a Judgment against HAK LEE.

_________ a.m. / p.m. A Case Management Conference Statement shall be filed by July 24, 2014.
10:30
IT IS SO ORDERED.

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UNIT
ED

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Dated: January ___, 2014

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Judge E

ER

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NO

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4820-8970-9848, v. 1

C
ard M.

hen

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O
IT IS S
IFIED
S MOD
A

R NIA

The Honorable Edward M. Chen
ED
Judge of the United States District Court
ORDER

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S DISTRICT
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TA
_____________________________

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July 31,
A Case Management Conference shall be held on ________________. 2014 at

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2.

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F
D IS T IC T O
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Joint Case Management Conference Statement, Stipulation and [Proposed] Order
Regarding Filing Of Request For Entry Of Judgment Against Defendant Hak Lee

C 08-4845 EMC