Stevenson Enterprises v. Mendoza et al
Filing
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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:
(510) 444-6800
Facsimile:
(510) 835-6666
Email:
jverber@burnhambrown.com
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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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///
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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
RT
dw
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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C
TA
_____________________________
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July 31,
A Case Management Conference shall be held on ________________. 2014 at
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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
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