Californians for Alternatives to Toxics v. Hilfiker Pipe Company et al

Filing 32

STIPULATION AND ORDER re 31 STIPULATION TO EXTEND FED. R. CIV. P. 26(a) DOCUMENT DISCLOSURE AND SET SITE INSPECTION; filed by Hilfiker Pipe Company, Harold K. Hilfiker. Signed by Judge Jon S. Tigar on December 29, 2016. (wsn, COURT STAFF) (Filed on 12/29/2016)

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JAMES R. ARNOLD (SBN 56262)
JOHN A. BEARD (SBN 301405)
THE ARNOLD LAW PRACTICE (East Bay Office)
3685 Mt. Diablo Blvd., Suite 331
Lafayette, CA 94549
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendants HILFIKER PIPE CO.
and HAROLD K. HILFIKER

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CALIFORNIANS FOR
ALTERNATIVES TO TOXICS,

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Plaintiff,

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v.

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Case No. 3:16-cv-04152-JST
STIPULATION TO EXTEND FED. R.
CIV. P. 26(a) DOCUMENT DISCLOSURE
AND SET SITE INSPECTION;
[PROPOSED] ORDER

HILFIKER PIPE COMPANY, et al.,

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Defendants.

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Plaintiff Californians for Alternatives to Toxics and Defendants Hilfiker Pipe Co. and

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Harold K. Hilfiker in the above-captioned action respectfully submit this stipulation per the

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Court’s order of December 29, 2016 (ECF No. 30).

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THE PARTIES STIPULATE AS FOLLOWS:

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The deadline for production of documents per Fed. R. Civ. Pro. 26(a) is extended to

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January 13, 2017. The Parties agree that the documents shall be exchanged by email (or an

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electronic document-sharing application like Dropbox in the event the size of the documents

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prohibits email exchange) in PDF format with Bates numbers using the following numbering

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convention: "PLF 000001” and "DEF 000001".

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CASE NO. 3:16-CV-04152-JST
STIPULATION TO EXTEND RULE 26 DOCUMENT DISCLOSURE & SET SITE INSPECTION - 1

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The first site inspection will take place pursuant to Rule 34(a) of the Federal Rules of

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Civil Procedure on January 13, 2017 from 9:00 a.m. to 2:00 p.m. (see timing details below). The

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evidence gathered at the inspection will be admissible to the extent allowed per the Federal Rules

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of Evidence.

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The parties shall conduct the site inspection at Hilfiker Pipe Co. located at 3900
Broadway and at 902 Hilfiker Lane, Eureka, California (“Facility”).
Plaintiff may bring no more than four (4) people on the Facility during the inspection

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(collectively, the “Representatives”) will be present for the inspection. Plaintiff will notify

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Defendants of the Representatives’ names and contact information by January 10, 2017.

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Defendants will not unreasonably deny access to the named Representatives.
The Representatives shall be allowed access to all areas of the facility relating to storm
water management. The following conditions shall apply:
a. Upon arrival, the Representatives shall report to the main office and check in with
Facility staff.

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b. Defendants shall designate an Inspection Supervisor to accompany the

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Representatives. The Representatives shall at all times be accompanied by the

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Inspection Supervisor into all areas inspected regarding storm water management.

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c. The Representatives shall be required to wear safety vests and hard hats (to be

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provided by Defendants) at all times. Defendants will notify Plaintiff by January 6,

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2017, if it is unable to provide Plaintiff’s Representatives with such equipment.

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Plaintiff and its Representatives shall be allowed to take photographs and video of the

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Facility, and will provide to Defendants copies of all photographs and video taken during the

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inspection.

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Plaintiff and its Representatives shall be allowed to take samples of any soil, water,

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sediment, debris, materials, raw materials or finished products relevant to storm water

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management at the Facility.

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The inspection shall be limited to a period of four hours, with up to two breaks no longer
than thirty minutes each.
CASE NO. 3:16-CV-04152-JST
STIPULATION TO EXTEND RULE 26 DOCUMENT DISCLOSURE & SET SITE INSPECTION - 2

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Plaintiff, Plaintiff’s Representatives, and Defendants shall conduct the inspection in good

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faith: Plaintiff shall not unreasonably seek information not related to storm water management,

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and Defendants shall not unreasonably limit access to the Facility so long as the area to which

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access is requested is related to storm water management at the Facility.

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Respectfully submitted,

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DATED: December 29, 2016

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THE ARNOLD LAW PRACTICE
By:

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DATED: December 29, 2016

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LAW OFFICES OF ANDREW L. PACKARD
By:

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/s/ Andrew L. Packard
ANDREW L. PACKARD
Attorneys for Plaintiff
CALIFORNIANS FOR ALTERNATIVES
TO TOXICS

ATTESTATION FOR E-FILING

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/s/ James R. Arnold
JAMES R. ARNOLD
Counsel for Defendants
HILFIKER PIPE COMPANY,
HAROLD K. HILFIKER, and
KERRY R. GLAVICH

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I hereby attest pursuant to Civil L.R. 5-1(i)(3) that I have obtained concurrence in the
filing of this document from the signatories prior to filing.

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DATED: December 29, 2016

By:

/s/ John A. Beard

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CASE NO. 3:16-CV-04152-JST
STIPULATION TO EXTEND RULE 26 DOCUMENT DISCLOSURE & SET SITE INSPECTION - 3

[PROPOSED] ORDER

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Pursuant to the Parties’ stipulation, IT IS SO ORDERED. The deadline for production of

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documents per Fed. R. Civ. Pro. 26(a) is extended to January 13, 2017 in accordance with the

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terms set forth in the Parties’ stipulation. Parties shall conduct a site inspection on January 13,

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2017, in accordance with the terms set forth in the Parties’ stipulation.

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December 29, 2016
DATED: _________________

NORTHERN DISTRICT OF CALIFORNIA

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____________________________________
JON S. TIGAR
United States District Judge

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CASE NO. 3:16-CV-04152-JST

STIPULATION TO EXTEND RULE 26 DOCUMENT DISCLOSURE & SET SITE INSPECTION - 4