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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 WALNUT CREEK MANOR, LLC, 5 6 7 8 9 Plaintiff, No. C 07-5664 CW ORDER DENYING MOTION FOR RECONSIDERATION (Docket No. 341) v. MAYHEW CENTER, LLC, and DEAN DUNIVAN, Defendants. ________________________________/ 10 United States District Court For the Northern District of California On December 30, 2013, Defendants Dean Dunivan and Mayhew 11 Center LLC moved for reconsideration of the Court’s December 10, 12 2013 order releasing the remaining escrow funds to Plaintiff 13 Walnut Creek Manor. Defendants’ motion is based on a recent 14 letter from the Regional Water Quality Control Board (RWQCB) which 15 purportedly “shows that Dunivan and Mayhew are, contrary to 16 Plaintiff’s allegations, working diligently and with the RWQCB to 17 remediate the PCE [contamination]” and that “they are making 18 progress.” Docket No. 341, Mot. Reconsideration, at 2. 19 The RWQCB’s letter does not justify reconsideration of the 20 Court’s order. As previously explained, Plaintiff is entitled to 21 recover the remaining escrow funds under the express terms of the 22 November 2010 injunction because Defendants failed to complete 23 their cleanup and abatement obligations by the deadline set forth 24 in the injunction and subsequently extended by this Court. The 25 RWQB’s letter does not change this fact and, if anything, confirms 26 that Defendants have yet to complete their cleanup and abatement 27 obligations. 28 1 Defendants’ motion for reconsideration (Docket No. 341) is 2 therefore DENIED. 3 RWQCB’s letter in its supplemental brief on January 8, 2014. 4 stated in the December 10, 2013 order, whatever funds currently 5 remain in the escrow account shall remain there pending the 6 January 23, 2104 hearing. 7 Plaintiff shall respond to the findings in the As IT IS SO ORDERED. 8 9 United States District Court For the Northern District of California 10 Dated: 1/3/2014 CLAUDIA WILKEN United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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