Stevenson Enterprises v. Mendoza et al

Filing 175

ORDER resetting CMC to 11/13/14 at 10:30 a.m. re 174 Joint Case Management Statement filed by Stevenson Enterprises Case Management Statement due by 11/6/2014. Further Case Management Conference set for 11/13/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/8/14. (bpf, COURT STAFF) (Filed on 8/8/2014)

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John J. Verber, CASB# 139917
[e-mail]
Jack W. Schwartz Jr., CASB #124506
[e-mail]
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,
Defendants.
______________________________________
_

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

August 14, 2014
10:30 a.m.
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Hon. Edward M. Chen

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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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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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Case Management Statement and stipulate as follows:
1. HAK LEE has previously stipulated that Plaintiff may obtain a Judgment against

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him.

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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 171,

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filed January 24, 2014], Plaintiff has continued to meet with the Alameda County

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Water Agency (“ACWA”), the regulatory agency charged with regulating the cleanup

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

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closure determination) for the site underlying this litigation.

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3. The ACWA required that Plaintiff install and monitor additional vapor wells in areas

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in close proximity to the subject premises which Plaintiff is accomplishing.

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Additional work will be required; however, while Plaintiff has not obtained a

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conditional closure from the ACWA or determined the final amount of its damages to

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be included in a Judgment against HAK LEE, Plaintiff has determined that it is now

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in a position to file a request for a Judgment against HAK LEE for the damages it has

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suffered to date.

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4. Based thereon, Plaintiff and HAK LEE stipulate that Plaintiff shall have up to and

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including September 30, 2014 to file its request for entry of a Judgment against HAK

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

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currently scheduled for August 14, 2014 at 10:30 a.m. be continued until October 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: August 7, 2014

BURNHAM BROWN

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By:

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DATED: August 7, 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 September 30, 2014 to file its papers in

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support of its Request For Entry Of Judgment Against defendant HAK LEE.

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Nov. 13
2.
A Case Management Conference shall be held on ________________. 2014 at
10:30
_________ a.m. / p.m.
IT IS SO ORDERED.

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dwa
Judge E

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4822-3150-3900, v. 1

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IT IS S
DIFIED
AS MO

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The Honorable Edward M. Chen
Judge ofRDERED States District Court
the United

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UNIT
ED

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Dated: August ___, 2014

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S DISTRICT
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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