Greenmarc, LLC et al v. Iffla et al

Filing 34

STIPULATION AND ORDER re 33 STIPULATION WITH PROPOSED ORDER Requesting to Extend Response Deadlines and other Related Pre-CMC Deadlines. Case Management Conference set for 10/29/2013 02:00 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge William H. Orrick on 07/19/2013. (jmdS, COURT STAFF) (Filed on 7/19/2013)

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THOMAS M. HARRELSON (CA Bar No. 114346)
HARRELSON & ASSOCIATES
533 Airport Boulevard, Suite 325
Burlingame, CA 94010
Telephone:
650/373-3300
Facsimile:
650/373-3302

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Attorneys for Defendant Joseph B. Iffla,
Performex Machining Co., & Performex Machining, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No.: C 12-6490 WHO

GREENMARC, LLC, et al.

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STIPULATION RE: EXTENSION OF
TIME FOR RESPONSE TO
COMPLAINT AND OTHER PRE-CMC
DEADLINES

Plaintiffs,

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v.
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JOSEPH B. IFFLA, ET AL., et al.;

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Defendants.
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The undersigned parties ("Parties"), by and through their attorneys, hereby stipulate
as follows:
1. The Parties submit this proposed Stipulation in lieu of an additional Joint Case

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Management Statement as required by the Reassignment Order and Order Requiring

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Submission of Case Management Statement;

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2. The Parties, in addition to their meet and confer obligations, have engaged in

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informal settlement discussions and document exchange. A technical report documenting

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assessment of environmental conditions and remedy alternatives with regard to the subject

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property at 1007 and 1011 Bransten Road in San Carlos, California has been circulated by

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Plaintiff and has provided the foundation for further settlement discussions, cost allocation,

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and formulation of a case discovery plan. In addition, the Parties have agreed to an early

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neutral evaluation through the District Court’s ADR program and are awaiting the selection

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of an evaluator that has not conflicts with any of the Parties hereto. The Parties have
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STIPULATION RE: EXTENSION OF TIME FOR RESPONSE TO COMPLAINT
AND OTHER PRE-CMC DEADLINES

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tentatively agreed to solicit communications with the San Mateo County Health Department

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in which Plaintiff has voluntarily been participating in monitoring activities to determine

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whether the County will require further remediation and if so, in what form it may take.

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In order to afford the Parties additional time to continue to evaluate and discuss their

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settlement options and in the interest of judicial economy, the Parties agree that continuance

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of various case deadlines are in the interests of the Parties and the Court. The Parties believe

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that such considerations are more properly made prior to an initial case management

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conference ("CMC").

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3.

Accordingly, the Parties agree to the following extensions of upcoming Court

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deadlines:

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A.

An the initial CMC was scheduled for June 28, 2013, at 2:30 p.m. before the

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Honorable Susan Illston in Courtroom No. 10 on the Nineteenth Floor of the Federal

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Building. That CMC never took place due to the reassignment of the matter to Judge Orrick.

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Now that this case has been reassigned to Judge William H. Orrick, the Parties respectfully

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request the scheduling of an initial CMC before Judge Orrick for late September or October,

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2013 and subject to the calendar availability of Judge Orrick. This extension also considers

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the vacation schedules of counsel;
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The time to answer or otherwise respond to the Complaint (ECF No.1) shall

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be further extended from the current agreed upon date of July 17, 2013 to September 25,

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2013;

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C.

The Parties have previously submitted and filed the Rule 26(f) Report, have

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completed their initial disclosures, and filed their initial Case Management Statement. The

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Parties agree to provide a joint supplemental Rule 26(f) Report and a supplemental joint Case

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Management Report after the Parties have continued their settlement discussions and

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ADR/ENE session and all prior to the upcoming to be scheduled CMC before Judge Orrick.

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D.

The Parties agree to extend the ENE deadline for completion to the week of

October 21, 2013. The last proposed ENE neutral, Jane Pandell, Esq. was objected to by

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STIPULATION RE: EXTENSION OF TIME FOR RESPONSE TO COMPLAINT
AND OTHER PRE-CMC DEADLINES

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Defendant Iffla due to a conflict arising out of a prior employment relationship between Ms.

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Pandell’s Firm and counsel for Mr. Iffla. A new ENE neutral has not yet been assigned.

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4.

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No. 1 0), the Stipulation filed on March 27, 2013 (ECF No. 12), the Stipulation filed on May

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6, 2013 (ECF No. 27) will otherwise remain in effect.

The terms of the Case Management Conference Order filed February 28, 2013 (ECF

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IT IS SO STIPULATED.

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Dated: ________________

LAW OFFICES OF KARL R. MORTHOLE

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______________________________
Karl R. Morthole, Attorney for PLAINTIFF

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Dated: ________________

HARRELSON & ASSOCIATES

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_________________________________
Thomas M. Harrelson, Attorney for Defendants
JOSEPH B. IFFLA, individually and dba
PERFORMEX MACHINING COMPANY, and
PERFORMEX MACHINING, INC.

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Dated: ________________

BARG COFFIN LEWIS & TRAPP, LLP

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____________________________________
Joshua A. Bloom, Attorney for Defendant
CARL R. HEINEMAN, individually

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Dated: ________________

PIERCE & SHEARER LLP

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____________________________________
Stacy Y. North, Attorney for Defendants
HOFFMAN METAL PRODUCTS, INC., and
HARRY W. HOFFMAN, individually and as an
officer, director and owner of HOFFMAN
METAL PRODUCTS
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STIPULATION RE: EXTENSION OF TIME FOR RESPONSE TO COMPLAINT
AND OTHER PRE-CMC DEADLINES

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IT IS SO ORDERED.
The Case Management Conference is set for 10/29/2013 02:00 PM in Courtroom 2,
17th Floor, San Francisco.

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Dated: __July

19, 2013____

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______________________

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Hon. William H. Orrick
UNITED STATES DISTRICT JUDGE

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STIPULATION RE: EXTENSION OF TIME FOR RESPONSE TO COMPLAINT
AND OTHER PRE-CMC DEADLINES