Walnut Creek Manor, LLC v. Mayhew Center, LLC et al
Filing
342
ORDER by Judge Saundra Brown Armstrong DENYING 341 MOTION FOR RECONSIDERATION. (ndr, COURT STAFF) (Filed on 1/3/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WALNUT CREEK MANOR, LLC,
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Plaintiff,
No. C 07-5664 CW
ORDER DENYING
MOTION FOR
RECONSIDERATION
(Docket No. 341)
v.
MAYHEW CENTER, LLC, and DEAN
DUNIVAN,
Defendants.
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United States District Court
For the Northern District of California
On December 30, 2013, Defendants Dean Dunivan and Mayhew
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Center LLC moved for reconsideration of the Court’s December 10,
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2013 order releasing the remaining escrow funds to Plaintiff
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Walnut Creek Manor.
Defendants’ motion is based on a recent
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letter from the Regional Water Quality Control Board (RWQCB) which
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purportedly “shows that Dunivan and Mayhew are, contrary to
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Plaintiff’s allegations, working diligently and with the RWQCB to
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remediate the PCE [contamination]” and that “they are making
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progress.”
Docket No. 341, Mot. Reconsideration, at 2.
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The RWQCB’s letter does not justify reconsideration of the
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Court’s order.
As previously explained, Plaintiff is entitled to
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recover the remaining escrow funds under the express terms of the
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November 2010 injunction because Defendants failed to complete
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their cleanup and abatement obligations by the deadline set forth
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in the injunction and subsequently extended by this Court.
The
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RWQB’s letter does not change this fact and, if anything, confirms
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that Defendants have yet to complete their cleanup and abatement
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obligations.
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Defendants’ motion for reconsideration (Docket No. 341) is
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therefore DENIED.
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RWQCB’s letter in its supplemental brief on January 8, 2014.
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stated in the December 10, 2013 order, whatever funds currently
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remain in the escrow account shall remain there pending the
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January 23, 2104 hearing.
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Plaintiff shall respond to the findings in the
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IT IS SO ORDERED.
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United States District Court
For the Northern District of California
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Dated:
1/3/2014
CLAUDIA WILKEN
United States District Judge
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