Greenmarc, LLC et al v. Iffla et al

Filing 36

STIPULATION RE: EXTENSION OF TIME FOR RESPONSE TO COMPLAINT AND OTHER PRE-CMC DEADLINES re 35 STIPULATION WITH PROPOSED ORDER. Case Management Statement due by 1/7/2014. Further Case Management Conference set for 1/14/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 09/24/2013. (jmdS, COURT STAFF) (Filed on 9/24/2013)

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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 PRECMC 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. As reported previously
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STIPULATION RE: EXTENSION OF TIME FOR RESPONSE TO COMPLAINT
AND OTHER PRE-CMC DEADLINES

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in the last Stipulation, the Parties are in the process of soliciting communication with the San

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Mateo County Health Department in which Plaintiff has been voluntarily participating in

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monitoring activities to determine whether the County will require further remediation and if

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so, in what form it may take. Plaintiff has contacted Mr. Marc Mullaney of the San Mateo

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County Health Department and was told that this file is on his list but he had ten (10) other

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files/projects ahead of ours which will cause delay. Thus, the Parties are waiting on Mr.

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Mullaney’s availability in order to meet and confer and this is a necessary element in

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furthering settlement opportunities for the collective Parties hereto.
The Parties are actively continuing to evaluate and discuss their settlement options

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and in the interest of judicial economy, the Parties agree that continuance of various case

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deadlines are in the interests of the Parties and the Court. The Parties believe that such

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considerations are more properly made prior to an initial case management conference

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("CMC").

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3.

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deadlines:

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A.

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

A continuance of the CMC currently scheduled before The Honorable

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William H. Orrick on October 29, 2013 at 2:00 p.m. to mid-January 2014 to early February

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2014 or as the Court’s docket may permit.

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schedules of all counsel;
B

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This extension considers the vacation

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 September 25, 2013 to January 6,

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2014;

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

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D.

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

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January 18, 2014. The last proposed ENE neutral, Jane Pandell, Esq. was objected to by

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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.

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

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

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filed on May 6, 2013 (ECF No. 27), and the Stipulation filed July 19, 2013 (ECF No. 34) will

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otherwise remain in effect.

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IT IS SO STIPULATED.

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Dated: ________________

LAW OFFICES OF KARL R. MORTHOLE
______________________________
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: ________________

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

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BARG COFFIN LEWIS & TRAPP, LLP

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

ORDER

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In light of the parties' foregoing Stipulation, their efforts thus far and promised

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progress with respect to discovery and ADR issues, the Case Management Conference is

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continued until January 14, 2014, at 2 pm in Courtroom 2, 17th Floor, San Francisco. By that

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date, the ENE session shall have been completed. By January 7, 2014, the parties shall file a

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Joint Case Management Conference Statement detailing the discovery that has been

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exchanged and the status of efforts to resolve this matter, as well as a proposed case

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management plan for the litigation.

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Dated: September 24, 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