Maxim I Properties v. Krohn et al

Filing 359

ORDER (AS MODIFIED) GRANTING 358 STIPULATION for Continuance of Further Case Management Conference and Related Deadlines: Updated Joint Case Management Conference Statement due by 7/10/2024. Further Case Management Conference is continued to 7/17/2024 01:30 PM in Oakland, - Videoconference Only. 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 4/10/24. (ig, COURT STAFF) (Filed on 4/10/2024)

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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 February 23, 2024 (Doc. 354) granting the

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Order (as modified) on the Joint Stipulation and Request for Continuance of Case Management

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Conference and Related Deadlines, the Court set a date of April 17, 2024, at 1:30 p.m. for a

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continued Case Management Videoconference; and

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WHEREAS, said Order (as modified) also set a deadline of April 10, 2024 for the parties
to file a Joint Case Management Conference Statement; and
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF FURTHER CMC
AND RELATED DEADLINES; ORDER

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SOMACH SIMMONS & DUNN
A Professional Corporation

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WHEREAS, by minute order dated February 15, 2024 (Doc. 3553), a telephonic status

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conference was scheduled with Magistrate Judge Cisneros on March 28, 2024 at 1:00 p.m. for the

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parties to provide Judge Cisneros a progress update regarding resolution of the case. The parties

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appeared at the March 28 telephonic status conference and advised Magistrate Judge Cisneros

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that the parties’ settlement negotiations are ongoing and the parties continue to be in

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communication with the California Department of Toxic Substances Control (DTSC) in

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furtherance of these settlement efforts. As a result of that status conference call, Magistrate Judge

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Cisneros issued a minute order on March 28, 2024 (Doc. 356) to reconvene the status conference

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call on April 4, 2024 at 1:00 p.m. and requested that the parties invite DTSC to participate in the

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April 4 call. On April 4, 2024, the parties attended the reconvened status conference. DTSC did

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not participate in the April 4 call but is in contact with the parties in furtherance of discussions

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related to settlement efforts. Additional meetings and communications with DTSC remain

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necessary to the ongoing settlement efforts. Magistrate Judge Cisneros has therefore set a further

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telephonic conference for May 2, 2024, at 4:00 p.m. (Doc. 357).

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WHEREAS, in recognition of the May 2, 2024 status conference with Magistrate Judge

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Cisneros and the ongoing communications with DTSC regarding issues critical to the settlement

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efforts, the parties agree and request that the Case Management Conference, currently scheduled

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on April 17, 2024, be continued to a date after June 6, 2024, subject to the Court’s availability.

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

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

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Conference.

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

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1.

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The Case Management Conference currently scheduled on April 17, 2024 shall be

continued to a date convenient for the Court after June 6, 2024; and

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///

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///

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

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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: April 5, 2024

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SOMACH SIMMONS & DUNN
A Professional Corporation

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By:

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DATED: April 5, 2024

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NIXON PEABODY LLP
By:

SOMACH SIMMONS & DUNN
A Professional Corporation

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DATED: April 5, 2024

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By:

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DATED: April 9, 2024

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By:

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DATED: April 5, 2024

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DATED: April 9, 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 FURTHER CMC
AND RELATED DEADLINES; ORDER

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DATED: April 5, 2024

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LEWIS BRISBOIS BISGAARD & SMITH
By:

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DATED: April 5, 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 FURTHER 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: April 5, 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 FURTHER CMC AND
RELATED DEADLINES; ORDER

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ORDER AS MODIFIED

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING THEREFORE, IT IS

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HEREBY ORDERED THAT:

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The Further Case Management Conference scheduled for April 17, 2024, at

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1:30 p.m. is hereby continued to ______,
July 17 2024, at ______
1:30 p.m. in Oakland, by videoconference

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

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webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/.
Parties shall file an updated Joint Case Management Conference Statement by

UNIT
ED

IT IS SO ORDERED AS MODIFIED.

ERED
O ORD D
IT IS S
IE
DIF
AS MO

NO

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Judge D

RT

ER

onna M

. Ryu

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April 10 2024
DATED: ________,

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SOMACH SIMMONS & DUNN
A Professional Corporation

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RT
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O

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S DISTRICT
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R NIA

July 10 2024.
_______,

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N

F
D IS T IC T O
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Chief Magistrate Judge Donna Ryu

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF FURTHER 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
electronic 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 April 9, 2024, at Sacramento, California.
/s/ Jennifer Estabrook
Jennifer Estabrook

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JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF FURTHER
CMC AND RELATED DEADLINES; 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. Bloom
Bay Law Group LLP
P.O. Box 8554
Berkeley, CA 94707
Telephone: [phone]
Email: [e-mail]
[e-mail]

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

Beth Koh
Bay Law Group LLP
2001 Addison Street, Suite 300
Berkeley, CA 94704
Telephone: [phone]
Email: [e-mail]

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

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COUNSEL

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Gregory Paul O’Hara
Lauren Marian Michals
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
Attorneys for Plaintiff/Counter-Defendant
MAXIM I PROPERTIES

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 FURTHER CMC
AND RELATED DEADLINES; 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 FURTHER CMC
AND RELATED DEADLINES; ORDER

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