Pulis et al v. Goodyear Tire & Rubber Company

Filing 52

ORDER by Judge Claudia Wilken Granting 51 Stipulation Re Continuance of Case Management Conference. (ndr, COURT STAFF) (Filed on 1/14/2013)

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1 2 3 4 5 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   6 7 Attorneys for Defendant THE GOODYEAR TIRE & RUBBER COMPANY   8   9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA     12 LOS ANGELES ATTORNEYS AT LAW B AKE R & H OS TE TL E R LL P 11   13 14 15 16 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, 17 18 19 20 21 v. Case No. C 08-04138 CW   STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER THEREON       Date: April 17, 2013 Time: 2:00 p.m. Ctrm: 2 GOODYEAR TIRE & RUBBER COMPANY, AND DOES 1-30 inclusive, Defendant.   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 CMC AND ORDER THEREON 1 now scheduled for January 16, 2013 to April 17, 2013 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 Case Management Conference be held on 8 December 7, 2010. The Parties, by stipulation, have subsequently requested (and 9 the Court has granted) requests to continue the Case Management Conference,             10 pending the completion of work at the Property under the direction of the County of 11 San Mateo Health System, Environmental Health ("County").1 The County 12 recently notified the Parties that it does not intend to require any additional work at 13 the Property be performed. The Parties are currently in discussions regarding the 14 County’s proposed closure with respect to the Property and the possible resolution 15 of this action. The Parties request a further continuance of the Case Management 16 Conference for approximately 90 days to allow them to conclude those discussions. 17 The basis for the prior requests and the current request to further continue the LOS ANGELES   ATTORNEYS AT LAW B AKE R & H OS TE TL E R LL P               18 Case Management Conference is as follows:   1. 19 At a Case Management Conference on January 29, 2009, Judge   20 Walker ordered the Parties to participate in mediation (Document 15), 21 which they did (Document 21);     2. 22 Following the initial mediation session, the Parties entered into an   interim agreement providing, among other things, that Goodyear 23   24   25 26 27 28 1 See Documents 36 and 37 (continuance to February 1, 2011), Documents 38 and 29 (continuance to April 26, 2011), Documents 40 and 41 (continuance to August 23, 2011), Documents 42 and 43 (continuance to November 15, 2011), Documents 44 and 45 (continuance to April 4, 2012), Documents 46 and 47 (continuance to October 3, 2012), and Documents 48 and 49 (continuance to January 16, 2012).   -2- STIPULATION FOR CONTINUANCE OF CMC AND ORDER THEREON 1 would undertake further investigative work at the Property and submit 2 the report of its findings to the County;     3 3. The Parties agreed to meet and confer within fifteen (15) days   4 following the County's response to the report to discuss scheduling a 5 further mediation session and/or to identify whether additional work 6 was needed prior to having further productive settlement discussions;       7 4. The initial phase of work contemplated by the interim agreement was   8 conducted in June, 2010 and a report regarding the work was 9 submitted to the County in September, 2010, but the County did not 10 respond until April 2011, when it issued a letter dated April 7, 2011 11 ("County Letter") directing that additional work be performed at the 12 Property, including conducting four quarters of groundwater 13 monitoring and the submission of an additional report by August 31, 14 2011;     LOS ANGELES   ATTORNEYS AT LAW B AKE R & H OS TE TL E R LL P         15 5. The Parties, pursuant to the meet and confer process contemplated by   16 the interim agreement, agreed to extend the interim agreement with 17 respect to work required by the County Letter and contemplate 18 engaging in further settlement efforts once certain of the work required 19 by the County Letter has been performed;         20 6. In connection with the extension of the interim agreement,   21 (a) Goodyear agreed to perform the groundwater monitoring required 22 by the County Letter (and has subsequently conducted quarterly 23 groundwater monitoring events); and (b) Goodyear's consultant made 24 the August 31, 2011 submission required by the County Letter (a Site 25 Conceptual Model);           26 7. In response to the August 31, 2011 submission, the County directed   27 that a closure report be submitted by June 1, 2012, following 28 completion of the second quarter 2012 round of groundwater     -3- STIPULATION FOR CONTINUANCE OF CMC AND ORDER THEREON 1 monitoring. The closure report was submitted in June 2012, and in 2 November 2012, the County issued a letter notifying Plaintiffs of its 3 intent to close the investigation of the Property, based on the closure 4 report;         5 8. There are ongoing discussions taking place between the Parties   6 regarding the County’s response to the closure report and the possible 7 resolution of this action; and     8 9. The Parties believe it would be in their best interests and in the interest   9 of judicial economy to defer the Case Management Conference   10 pending their ongoing discussions regarding the County’s actions and 11 the resolution of this action.   12 LOS ANGELES ATTORNEYS AT LAW B AKE R & H OS TE TL E R LL P   For the reasons set forth above, the Parties request that the Court continue the   13 Case Management Conference to April 17, 2013 or such date thereafter that is 14 available on the Court's calendar. 15 Dated: January 8, 2013     ROGERS JOSEPH O'DONNELL 16 By: 17 18 /s/ Robert C. Goodman ROBERT C. GOODMAN Attorneys for Plaintiffs   19 Dated: January 8, 2013 BAKER & HOSTETLER LLP 20 21 By: 22 23 /s/ Sonja A. Inglin SONJA A. INGLIN Attorneys for Defendant THE GOODYEAR TIRE & RUBBER COMPANY 24   25   26   27   28   -4- STIPULATION FOR CONTINUANCE OF CMC AND ORDER THEREON 1 ORDER 2   3 Based on the foregoing stipulation, the Case Management Conference set for   4 January 16, 2013 is continued to April 17, 2013, at 2:00 p.m. The case 5 management conference will not be continued again, absent compelling 6 circumstances.       7   8 Dated: January 14, 2013   9 __________________________________ United States District Court Judge   10   601597774 12 LOS ANGELES ATTORNEYS AT LAW B AKE R & H OS TE TL E R LL P 11     13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   -5- STIPULATION FOR CONTINUANCE OF CMC AND ORDER THEREON

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