GreenCycle Paint, Inc. v. PaintCare, Inc. et al

Filing 56

ORDER by Magistrate Judge Maria-Elena James granting 55 Stipulation Resetting Hearing Date and Briefing Schedule for Defendant's Motion to Dismiss Plaintiff's First Amended Complaint. (rmm2S, COURT STAFF) (Filed on 7/1/2016)

1 Greggory C. Brandt (Bar No. 189487)
Jennifer P. Tang (Bar No. 280321)
2 WENDEL, ROSEN, BLACK & DEAN LLP
1111 Broadway, 24th Floor
3 Oakland, California 94607-4036
Telephone: [phone]
4 Fax: [phone]
Email: [e-mail]
5
Attorneys for Plaintiff GreenCycle Paint, Inc., a
6 California corporation
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8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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1111 Bro adw ay, 24 t h F lo or

GREENCYCLE PAINT, INC., a California
12 corporation,
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Wendel, Rosen, Black & Dean LLP

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Plaintiff,
vs.

15 PAINTCARE, INC., a Delaware corporation,
CLEAN HARBORS ENVIRONMENTAL
16 SERVICES, INC., a Massachusetts
corporation,
17 STERICYCLE ENVIRONMENTAL
SOLUTIONS, INC., a Delaware corporation,
18 and DOES 1-10,
19

Defendants.

Case No. 3:15-cv-04059-MEJ
STIPULATION AND [PROPOSED]
ORDER RESETTING HEARING DATE
AND BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S FIRST AMENDED
COMPLAINT
Civil Local Rules 6-1(b), 6-2 and 7-12
Action Filed:
Removed:
FAC Filed:
Trial Date:

August 4, 2015
September 4, 2015
May 6, 2016
None Set

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020074.0001\4354892.1

STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
SCHEDULE

3:15-cv-04059-MEJ

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STIPULATION
WHEREAS, on June 22, 2016, Defendants PaintCare, Inc., Clean Harbors Environmental

3 Services, Inc., and Stericycle Environmental Solutions, Inc. (collectively, the “Defendants”) each
4 filed separate motions to dismiss Plaintiff Greencycle Paint, Inc.’s (the “Plaintiff”) First Amended
5 Complaint (“Defendants’ Motions to Dismiss”).
6

WHEREAS, Plaintiff’s opposition to Defendants’ Motions to Dismiss is due on July 6,

7 2016, Defendants’ replies to Plaintiff’s opposition to Defendants’ Motions to Dismiss are due on
8 July 13, 2016, and a hearing for Defendants’ Motions to Dismiss is set for August 11, 2016.
9

WHEREAS, Plaintiff’s counsel has requested from Defendants, and Defendants have

10 agreed to reset the hearing date to September 29, 2016 and to extend Plaintiff’s opposition

1111 Bro adw ay, 24 t h F lo or

12 for the following reasons:
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Wendel, Rosen, Black & Dean LLP

11 deadline and Defendants’ reply deadline to August 10, 2016 and August 24, 2016, respectively,

13

(1) In addition to other matters, Plaintiff’s counsel has an appeal to be filed with

14 Cal/OSHA on behalf of United States Cold Storage, Inc. by July 1, 2016;
15

(2) Plaintiff’s counsel has a settlement agreement to prepare and finalize on behalf of

16 United States Cold Storage, Inc. in a separate matter;
17

(3) Plaintiff’s counsel has a scheduled vacation from July 1, 2016 to July 11, 2016;

18

(4) Plaintiff’s counsel has a motion for summary judgment to be prepared and filed the

19 week after counsel returns from vacation for the Andrews v. Cavagnero, et al. matter in the
20 Superior Court of California, County of Marin (Case No. CV 1500790);
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(5) Plaintiff’s counsel must oppose three separate motions to dismiss, and Defendant

22 PaintCare, Inc.’s motion to dismiss contains over six hundred pages for review, including detailed
23 legislative history; and
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(6) The issue as to the safe harbor provision is one of first impression.

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WHEREAS, the parties have previously stipulated to the following time modifications in

26 this case:
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(1) To extend Defendant Stericycle Environmental Solutions, Inc.’s time to respond to

28 Plaintiff’s Complaint to September 25, 2015;
020074.0001\4354892.1

STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
SCHEDULE

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3:15-cv-04059-MEJ

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(2) To extend Defendant PaintCare, Inc.’s time to respond to Plaintiff’s Complaint to

2 September 28, 2015;
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(3) To extend Defendant Clean Harbors Environmental Services, Inc.’s time to respond to

4 Plaintiff’s Complaint to September 28, 2015;
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(4) To continue the hearing on Defendants’ motions to dismiss Plaintiff’s Complaint to

6 December 17, 2015 and to continue all dates set forth in the Order Setting Initial Case
7 Management Conference and ADR Deadlines by at least four weeks to accommodate a December
8 17, 2015 hearing date; and
9

(5) To extend Defendants’ time to respond to Plaintiff’s First Amendment Complaint to

10 June 22, 2016.
WHEREAS, the parties have not requested or stipulated to any prior extensions as to

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12 Defendants’ Motions to Dismiss.
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Wendel, Rosen, Black & Dean LLP

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WHEREAS, no trial date or other pre-trial deadlines have been scheduled, so other than

14 the hearing date on the motions to dismiss, Plaintiff’s requested modification would not affect the
15 schedule for this case.
16

THEREFORE, THE PARTIES STIPULATE AND AGREE that the hearing for

17 Defendants’ Motions to Dismiss be held on September 29, 2016 and that Plaintiff’s opposition and
18 Defendants’ replies be submitted on or before August 10, 2016 and August 24, 2016, respectively.
19
20 DATED: June 30, 2016

WENDEL, ROSEN, BLACK & DEAN LLP

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By:
Greggory C. Brandt
Attorneys for Plaintiff GreenCycle Paint, Inc., a
California corporation

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020074.0001\4354892.1

STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
SCHEDULE

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3:15-cv-04059-MEJ

1 DATED: June 30, 2016

VENABLE LLP

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By:

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/s/ Thomas E. Wallerstein
Thomas E. Wallerstein
Attorneys for Defendant PaintCare, Inc.

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DATED: June 30, 2016

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BURNHAM BROWN
By:

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/s/ Thomas M. Downey
Thomas M. Downey
Attorneys for Defendant Clean Harbors
Environmental Services, Inc.

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Wendel, Rosen, Black & Dean LLP

11 DATED: June 30, 2016

PARSONS, BEHLE & LATIMER
By:

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/s/ Raymond J. Etcheverry
Raymond J. Etcheverry
Attorneys for Defendant Stericycle Environmental
Solutions, Inc.

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in

18 the filing of this document from all signatories for whom a signature is indicated by a
19 “conformed” signature (/s/) within this electronically filed document and I have on file records to
20 support this concurrence for subsequent production to the Court if so ordered or for inspection
21 upon request.
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23 DATED: June 30, 2016

WENDEL, ROSEN, BLACK & DEAN LLP

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By:
Greggory C. Brandt
Attorneys for Plaintiff GreenCycle Paint, Inc., a
California corporation

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STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
SCHEDULE

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the hearing for

3 Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint is reset for September 29,
4 2016 and that Plaintiff’s opposition and Defendants’ replies be submitted on or before August 10,
5 2016 and August 24, 2016, respectively.
6

IT IS SO ORDERED.

7
July 1
8 DATED: ____________________, 2016
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10
Maria-Elena James
United States District Court Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER
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SCHEDULE

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