Pulis et al v. Goodyear Tire & Rubber Company

Filing 45

ORDER Granting 44 Stipulation for Continuance of Case Management Conference. Case Management Statement due by 3/28/2012. Case Management Conference set for 4/4/2012 02:00 PM. Signed by Judge Claudia Wilken on 11/9/2011. (ndr, COURT STAFF) (Filed on 11/9/2011)

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1 2 3 4 5 6 7 JOHN F. CERMAK, JR., Bar No. 54729 SONJA A. INGLIN, Bar No. 90799 BAKER & HOSTETLER LLP 12100 Wilshire Boulevard, 15th Floor Los Angeles, California 90025-7120 Telephone: 310.820.8800 Facsimile: 310.820.8859 Email: jcermak@bakerlaw.com singlin@bakerlaw.com Attorneys for Defendant THE GOODYEAR TIRE & RUBBER COMPANY 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 12 LOS ANGELES ATTORNEYS AT LAW B AKER & H OSTETLER LLP 11 13 14 15 PETER E. PULIS, Surviving Trustee of the Peter E. Pulis and Grayce H. Yamamoto 1989 Trusts dated September 14, 1989, GREGORY COHN, JENNIFER COHN, GIUSEPPE FAZIO, BRUNA FAZIO, FRANCESCA I. FAZIOO’KANE, MARA C. FAZIO, Plaintiffs, 16 17 18 19 v. Case No. C 08-04138 CW STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER THEREON Date: Time: Ctrm: November 15, 2011 2:00 p.m. 2 GOODYEAR TIRE & RUBBER COMPANY, AND DOES 1-30 inclusive, Defendant. 20 21 22 23 This stipulation is entered into by Plaintiffs Gregory Cohn, Jennifer Cohn, 24 Giuseppe Fazio, Bruna Fazio, Francesca I. Fazio-O'Kane, Mara C. Fazio 25 ("Plaintiffs") and Defendant The Goodyear Tire & Rubber Company ("Goodyear," 26 and collectively with Plaintiffs, "the Parties"), by and through their attorneys of 27 record. The Parties request a continuance of the Case Management Conference, 28 STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER THEREON 503815069.1 1 now scheduled for November 15, 2011, to April 3, 2012 or a date thereafter that is 2 available on the Court's calendar. This case involves claims related to the environmental investigation and 3 4 clean up of commercial property in San Carlos, California that Plaintiffs own and 5 that Goodyear formerly leased ("the Property"). In its Case Management 6 Scheduling Order for Reassigned Civil Case dated October 18, 2010 7 (Document 34), the Court ordered that a Management Conference be held on 8 December 7, 2010. Due to the unavailability of Plaintiffs' counsel, the parties 9 stipulated to a continuance of that conference (Document 36), and the Court (Document 37). The Parties, by stipulation, have subsequently made several 12 LOS ANGELES ATTORNEYS AT LAW continued the Case Management Conference to February 1, 2011, at 2:00 p.m. 11 B AKER & H OSTETLER LLP 10 requests to continue the Case Management Conference, which were granted by the 13 Court.1 The basis for the prior requests and the current request to further continue 14 the Case Management Conference is as follows: 1. 15 At a Case Management Conference on January 29, 2009, Judge 16 Walker ordered the Parties to participate in mediation (Document 15), 17 which they did (Document 21); 2. 18 Following the initial mediation session, the Parties entered into an 19 interim agreement providing, among other things, that Goodyear 20 would undertake further investigative work at the Property and submit 21 the report of its findings to the agency overseeing the investigation, 22 San Mateo County Health System, Environmental Health ("County"); 3. 23 The Parties agreed to meet and confer within fifteen (15) days 24 following the County's response to the report to discuss scheduling a 25 further mediation session and/or to identify whether additional work 26 was needed prior to having further productive settlement discussions; 27 28 1 See Documents 38 and 29 (continuance to April 26, 2011), Documents 40 and 41 (continuance to August 23, 2011), and Documents 42 and 43 (continuance to November 15, 2011). -2- 503815069.1 STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER THEREON 1 4. The initial phase of work contemplated by the interim agreement was 2 conducted in June, 2010 and a report regarding the work was 3 submitted to the County in September, 2010, but the County did not 4 respond until April 2011, when it issued a letter dated April 7, 2011 5 ("County Letter") directing that additional work be performed at the 6 Property, including conducting four quarters of groundwater 7 monitoring and the submission of an additional report by August 31, 8 2011; 9 5. The Parties, pursuant to the meet and confer process contemplated by respect to work required by the County Letter and contemplate 12 LOS ANGELES ATTORNEYS AT LAW the interim agreement, agreed to extend the interim agreement with 11 B AKER & H OSTETLER LLP 10 engaging in further settlement efforts once certain of the work required 13 by the County Letter has been performed; 14 6. In connection with the extension of the interim agreement, (a) 15 Goodyear agreed to perform the groundwater monitoring required by 16 the County Letter and to date has conducted two groundwater 17 monitoring events (in June and September) and has submitted reports 18 to the County regarding the results of those groundwater monitoring 19 events; and (b) Goodyear's consultant made the August 31, 2011 20 submission required by the County Letter (a Site Conceptual Model); 21 7. The Parties contemplate that the August 31, 2011 submission, together 22 with the results of the groundwater monitoring events, will be the basis 23 for determining what additional work, if any, may be required at the 24 Site and will define whether further settlement discussions are 25 appropriate; and 26 8. The County has not yet responded to the August 31, 2011 submission and the Parties believe it would be in their best interests and in the 27 28 -3503815069.1 STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER THEREON 1 interest of judicial economy to defer the Case Management Conference 2 pending further work at the Site and a response by the County. 3 For the reasons set forth above, the Parties request that the Court continue the 4 Case Management Conference to April 2, 2012 or such date thereafter that is 5 available on the Court's calendar. 6 Dated: November 7, 2011 ROGERS JOSEPH O'DONNELL 7 By: 8 9 10 Dated: November 7, 2011 /s/ Robert C. Goodman ROBERT C. GOODMAN Attorneys for Plaintiffs BAKER & HOSTETLER LLP By: 12 LOS ANGELES ATTORNEYS AT LAW B AKER & H OSTETLER LLP 11 13 14 /s/ Sonja A. Inglin SONJA A. INGLIN Attorneys for Defendant THE GOODYEAR TIRE & RUBBER COMPANY 15 ORDER 16 17 18 Based on the foregoing stipulation, the Case Management Conference set for April 4 November 15, 2011 is continued to ___________, 2012, at 2:00 p.m. 19 20 9 Dated: November __, 2011 21 _____________________________________ United States District Court Judge 22 23 24 25 26 27 28 -4503815069.1 STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER THEREON

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