Maxim I Properties v. Krohn et al

Filing 355

ORDER (AS MODIFIED) granting 354 Joint Stipulation and Request for Continuance of Further Case Management Conference and Related Deadlines: Updated Joint Case Management Conference Statement due by 4/10/2024. Further Case Management Conference is continued to 4/17/2024 01:30 PM in Oakland, - Videoconference Only before Chief Magistrate Judge Donna M. Ryu. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 2/23/2024. (ig, COURT STAFF) (Filed on 2/23/2024)

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SOMACH SIMMONS & DUNN
A Professional Corporation
THERESA C. BARFIELD (SBN 185568)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendant and Cross-Claimant
MOYER PRODUCTS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

SOMACH SIMMONS & DUNN
A Professional Corporation

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MAXIM I PROPERTIES, a general
partnership,
Plaintiff,

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v.

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A.M. BUD KROHN, et al.,

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Defendants.

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AND RELATED CROSS-ACTIONS.

CASE NO. 4:12-CV-00449 DMR
JOINT STIPULATION AND REQUEST
FOR CONTINUANCE OF FURTHER
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES; ORDER
(AS MODIFIED)

Judge:
Honorable Donna M. Ryu
Action Filed: January 27, 2012

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This Joint Stipulation and Request for Continuance of the scheduled Case Management

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Conference is submitted on behalf of all parties remaining in this litigation as a result of ongoing

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settlement negotiations held pursuant to ADR Local Rule 7-1, under the direction of Magistrate

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Judge Cisneros.

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WHEREAS, pursuant to this Court’s order of December 5, 2023 (Doc. 351) granting the

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Joint Stipulation and Request for Continuance of Case Management Conference and Related

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Deadlines (Order), the Court set a date of March 6, 2024, at 1:30 p.m. for a continued Case

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Management Conference; and

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WHEREAS, said Order also set a deadline of February 28, 2024 for the parties to file a
joint Case Management Conference Statement; and
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

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conference was scheduled with Magistrate Judge Cisneros for February 15, 2024 at 1:00 p.m. for

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the parties to provide Magistrate Judge Cisneros a progress update regarding resolution of the

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case. The parties appeared at the February 15, 2024 telephonic status conference and advised

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Magistrate Judge Cisneros of the following: The parties’ settlement negotiations are ongoing

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and, to that end, the parties have been in communication with the California Department of Toxic

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Substances Control (DTSC) in furtherance of ongoing settlement efforts, and additional meetings

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and communications with DTSC are necessary. Accordingly, by minute order dated February 15,

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2024 (Doc. 353) a further telephonic settlement status conference has been scheduled for March

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SOMACH SIMMONS & DUNN
A Professional Corporation

WHEREAS, by minute order dated January 18, 2024 (Doc. 352) a telephonic status

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WHEREAS, as a result of the need for additional meetings and communications with

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DTSC, and in recognition of the March 28, 2024 conference with Magistrate Judge Cisneros, the

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parties agree and request that the currently scheduled Case Management Conference be continued

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to a date between April 15 – April 26, 2024, or after June 6, 2024, subject to the Court’s

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availability. The parties further agree and request that the current deadline to file a joint Case

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Management Conference Statement be continued to a date consistent with the new Case

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Management Conference.

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NOW, THEREFORE, the parties hereby stipulate and jointly request that:

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1.

The Case Management Conference currently scheduled on March 6, 2024, be

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continued to a date convenient for the Court between April 15 – April 26, 2024, or after June 6,

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2024; and

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///

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///

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///
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

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2.

The date for submission and filing of a joint Case Management Conference

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Statement be continued to an appropriate date prior to the date of the continued Case

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Management Conference.

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DATED: February 22, 2024

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SOMACH SIMMONS & DUNN
A Professional Corporation

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By:

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DATED: February 22, 2024

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NIXON PEABODY LLP
By:

SOMACH SIMMONS & DUNN
A Professional Corporation

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DATED: February 22, 2024

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By:

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DATED: February 23, 2024

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By:

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DATED: February 22, 2024

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DATED: February 23, 2024

/s/ Theresa C. Barfield (for Charles Alfonzo)
CHARLES ALFONZO
Attorneys for A.M. BUD KROHN and
NATIONAL AUTO RECOVERY BUREAU, INC.

SILICON VALLEY LAW GROUP
By:

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/s/ Theresa C. Barfield (for Laurie Julien)
LAURIE S. JULIEN
Attorneys for CENTRAL COATING COMPANY,
INC.

BURNHAM BROWN

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/s/ Theresa C. Barfield (for Gregory O’Hara)
GREGORY P. O’HARA
Attorneys for MAXIM I PROPERTIES

BERKES CRANE SANTANA & SPANGLER LLP

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/s/ Theresa C. Barfield
THERESA C. BARFIELD
Attorneys for MOYER PRODUCTS, INC.

/s/ Theresa C. Barfield (for Kathryn Barrett)
KATHRYN E. BARRETT
Attorneys for TELEWAVE, INC. and
THERMIONICS LABORATORY, INC.

SPENCER FANE LLP
By:

/s/ Theresa C. Barfield (for Servando Sandoval)
SERVANDO SANDOVAL
Attorneys for SPRAYTRONICS, INC.

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

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DATED: February 22, 2024

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LEWIS BRISBOIS BISGAARD & SMITH
By:

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DATED: February 22, 2024

/s/ Theresa C. Barfield (for Robert Farrell)
GLENN FRIEDMAN
ROBERT FARRELL
Attorneys for THE SHERWIN-WILLIAMS
COMPANY

BAY LAW GROUP LLP
By:

/s/ Theresa C. Barfield (for Joshua Bloom)
JOSHUA A. BLOOM
Attorneys for RENESAS ELECTRONIC
AMERICA, INC.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

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GENERAL ORDER 45 CERTIFICATION

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I, Theresa C. Barfield, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the

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concurrence to the filing of this document has been obtained from each signatory hereto, with the

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person approving the stipulation and consenting to the signing thereof noted on each signature

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line.

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DATED: February 23, 2024

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SOMACH SIMMONS & DUNN
A Professional Corporation
By:

/s/ Theresa C. Barfield
Theresa C. Barfield
Attorneys for MOYER PRODUCTS, INC.

SOMACH SIMMONS & DUNN
A Professional Corporation

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

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ORDER (AS MODIFIED)
PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING THEREFOR, IT
IS HEREBY ORDERED THAT:
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The Further Case Management Conference scheduled for March 6, 2024, at 1:30

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p.m. is hereby continued to April 17, 2024, at 1:30 p.m. in Oakland, - Videoconference Only

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before Chief Magistrate Judge Donna M. Ryu. All counsel and parties may access the webinar

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information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/.
The Joint Case Management Conference Statement due by February 28, 2024, is

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onn
Judge D

a M. Ry

u

ChiefEMagistrate Judge Donna Ryu

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February 23 2024
DATED: __________,

D
RDERE
O
O
S
IT IS
DIFIED
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A

R NIA

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UNIT
ED

IT IS SO ORDERED AS MODIFIED.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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hereby continued to April 10, 2024.

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D IS T IC T
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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

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CERTIFICATE OF SERVICE
Maxim I Properties v. Krohn, et al.
United States District Court – Northern District of California
Case No. 4:12-cv-00449-DMR

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SOMACH SIMMONS & DUNN
A Professional Corporation

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I am a citizen of the United States and am employed in the County of Sacramento, State of
California. I am over the age of eighteen (18) and not a party to the within action. My business
address is 500 Capitol Mall, Suite 1000, Sacramento, California 95814. I declare that I am
employed in the offices of a member of the bar of this court at whose direction the service was
made.
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[Electronic Transmission] I hereby certify that on the date identified below, I
electronically transmitted the foregoing JOINT STIPULATION AND REQUEST FOR
ADDITIONAL CONTINUANCE OF CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES; [PROPOSED] ORDER to the Clerk of the Court
using the CM/ECF System for filing, which will generate and transmit a notice of electric
filing to the CM/ECF registrants identified on the attached Service List:

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on February 23, 2024 at Sacramento, California.
/s/ Jennifer Estabrook
Jennifer Estabrook

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; [PROPOSED] ORDER

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SOMACH SIMMONS & DUNN
A Professional Corporation

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SERVICE LIST
PARTIES

COUNSEL
Charles Anthony Alfonzo
Eric R. Haas
Burnham Brown
1901 Harrison Street, 11th Floor
P.O. Box 119
Oakland, CA 94612
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Cross-Defendants
A.M. BUD KROHN and NATIONAL AUTO
RECOVERY BUREAU, INC.

Kimberly Chew
Dentons US LLP
One Market Plaza, Spear Tower, 24th Floor
San Francisco, CA 94105
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Kathryn E. Barrett
Jeffrey Scott Lawson
Silicon Valley Law Group
One North Market Street, Suite 200
San Jose, CA 95113
Telephone: [phone]
Email [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Cross-Defendants
TELEWAVE, INC. and THERMIONICS
LABORATORY, INC.

Joshua A. BloomBay Law Group LLP
P.O. Box 8554
Berkeley, CA 94707
Telephone: [phone]
Email: [e-mail]
[e-mail]
Beth Koh
Bay Law Group LLP
2001 Addison Street, Suite 300
Berkeley, CA 94704
Telephone: [phone]
Email: [e-mail]

Attorneys for Cross-Defendant/CounterClaimant
RENESAS ELECTRONIC AMERICA, INC.

Gregory Paul O’Hara
Lauren Marian Michals

Attorneys for Plaintiff/Counter-Defendant
MAXIM I PROPERTIES

JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; [PROPOSED] ORDER

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COUNSEL

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Nixon Peabody LLP
One Embarcadero Center
Suite 3200/32nd Floor
San Francisco, CA 94111
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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SOMACH SIMMONS & DUNN
A Professional Corporation

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PARTIES

George Washington Dowell, IV
Willoughby Stuart & Bening Inc.
50 W. San Fernando Street, Suite 400
San Jose, CA 95113
Telephone: [phone]
Email: [e-mail]
[e-mail]
Alexander Friedland Stuart
Murphy Austin Adams Schoenfeld
1901 S. Bascom Avenue, Suite 1440
Campbell, CA 95008
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Robert William Kenneth Farrell
Glenn A. Friedman
Lewis Brisbois Bisgaard & Smith LLP
45 Fremont Street, Suite 3000
San Francisco, CA 94105
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Cross-Defendant
THE SHERWIN-WILLIAMS COMPANY

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; [PROPOSED] ORDER

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SOMACH SIMMONS & DUNN
A Professional Corporation

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PARTIES

COUNSEL
Laurie Susan Julien
Viiu Spangler Khare
Berkes Crane Santana & Spangler LLP
515 S. Figueroa Street, Suite 1500
Los Angeles, CA 90071
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Cross-Defendant
CENTRAL COATING COMPANY, INC.

Leith Bryant Hansen
Jacobson, Hansen, Najarian & McQuillan
1690 West Shaw Avenue, Suite 201
Fresno, CA 93711
Telephone: [phone]
Email: [e-mail]
Probal Gerard Young
Archer Norris
Attorneys at Law
2033 North Main Street, Suite 800
Walnut Creek, CA 94596
Telephone: [phone]
Email: [e-mail]
Servando Sandoval
Spencer Fane LLP
225 West Santa Clara Street, Suite 1500
San Jose, CA 95113
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Attorneys for Cross-Defendants
SPRAYTRONICS

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; [PROPOSED] ORDER

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