Maxim I Properties v. Krohn et al

Filing 366

ORDER GRANTING 365 STIPULATION for Continuance of Further Case Management Conference and Related Deadlines: Parties shall file an updated joint Case Management Conference Statement by 8/14/2024. Further Case Management Conference is continue d to 8/21/2024 1:30 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 7/11/2024. (ig, COURT STAFF) (Filed on 7/11/2024) Modified on 7/12/2024 (ig, COURT STAFF).

1
2
3
4
5
6

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.

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11
12

MAXIM I PROPERTIES, a general
partnership,
Plaintiff,

13

v.

14

A.M. BUD KROHN, et al.,

15

Defendants.

16
17
18

AND RELATED CROSS-ACTIONS.

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

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

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

19

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

20

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

21

Judge Cisneros.

22

WHEREAS, pursuant to this Court’s order of April 10, 2024 (Doc. 359) granting the

23

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

24

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

25

continued Case Management Videoconference; and

26
27

WHEREAS, said Order (as modified) also set a deadline of July 10, 2024 for the parties to
file a Joint Case Management Conference Statement; and

28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-1-

SOMACH SIMMONS & DUNN
A Professional Corporation

1

WHEREAS, by minute order dated May 2, 2024 (Doc. 360), a telephonic status

2

conference was scheduled with Magistrate Judge Cisneros on June 20, 2024 at 1:00 p.m. for the

3

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

4

appeared at the June 20 telephonic status conference and advised Magistrate Judge Cisneros that

5

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

6

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

7

settlement efforts. As a result of that status conference call, Magistrate Judge Cisneros issued a

8

minute order on June 20, 2024 (Doc. 364) that no further settlement conferences will be

9

scheduled for the foreseeable future.

10

WHEREAS, in recognition of the June 20, 2024 status conference with Magistrate Judge

11

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

12

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

13

for July 17, 2024, be continued for 30 - 45 days, to a date between August 16 and August 30,

14

2024, subject to the Court’s availability. At a minimum, Plaintiff and defendant Moyer anticipate

15

that a revised settlement between Maxim and Moyer will by that time be introduced to the Court,

16

along with an anticipated timeline for a motion for determination of good faith settlement under

17

Code of Civil Procedure section 877.6. In the interim, the parties are continuing discussions with

18

DTSC to pursue a comprehensive settlement by all parties. The parties further agree and request

19

that the current deadline to file a joint Case Management Conference Statement be continued to a

20

date consistent with the new Case Management Conference.

21

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

22

1.

23
24

The Case Management Conference currently scheduled on July 17, 2024 be

continued to a date convenient for the Court between August 16 and August 30, 2024; and
2.

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

25

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

26

Management Conference.

27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-2-

1

DATED: July 9, 2024

2

SOMACH SIMMONS & DUNN
A Professional Corporation
By:

3
4
5

DATED: July 9, 2024

NIXON PEABODY LLP
By:

6
7
8

DATED: July 9, 2024

9

By:

SOMACH SIMMONS & DUNN
A Professional Corporation

11
DATED: July 9, 2024

13

By:

15
DATED: July 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:

17

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

BURNHAM BROWN

14

16

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

SCHONBUCH HALLISSY LLP

10

12

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

18

/s/ Theresa C. Barfield (for Edward Arthur Kraus)
EDWARD ARTHUR KRAUS
Attorneys for TELEWAVE, INC. and
THERMIONICS LABORATORY, INC.

19
20

DATED: July 9, 2024

SPENCER FANE LLP
By:

21
22
23
24
25
26

DATED: July 9, 2024

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

LEWIS BRISBOIS BISGAARD & SMITH
By:

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

27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-3-

1
2
3
4

DATED: July 9, 2024

BAY LAW GROUP LLP
By:

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

5
6
7
8
9

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-4-

1

GENERAL ORDER 49 CERTIFICATION

2

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

3

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

4

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

5

line.

6

DATED: July 9, 2024

7
8
9

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

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-5-

1
2
3
4

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING THEREFOR, IT
IS HEREBY ORDERED THAT:
1.

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

5

1:30 p.m. in Oakland, by
August 21 2024, at ______
1:30 p.m. is hereby continued to __________,

6

videoconference only, before Chief Magistrate Judge Donna M. Ryu. All counsel and parties

7

may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-

8

donna-m-dmr/.

continued to __________,
August 14 2024.
IT IS SO ORDERED.
S

Judge D

RT

15

ERED

O ORD

IT IS S

NO

14

July 11 2024
DATED: _______,

UNIT
ED

13

onna M

. Ryu

16
17

A

H

ER

RT
U
O

12

S DISTRICT
TE
C
A
T

R NIA

11

The Joint Case Management Conference Statement due by July 10, 2024, is hereby

FO

10

2.

LI

9

SOMACH SIMMONS & DUNN
A Professional Corporation

ORDER

N

F
D IS T IC T O
R

C

Chief Magistrate Judge Donna Ryu

18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-6-

1

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

2
3
4
5
6
7
8
9

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11
12
13
14

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.
X

[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 July 9, 2024, at Sacramento, California.
/s/ Jennifer Estabrook
Jennifer Estabrook

15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-7-

1
2
3
4
5
6
7
8
9

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11
12
13
14
15
16

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]
Edward Arthur Kraus
Silicon Valley Law Group
One North Market Street, Suite 200
San Jose, CA 95113
Telephone: [phone]
Email [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.

17
18
19
20
21
22
23
24

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

25
26
27
28

Gregory Paul O’Hara
Lauren Marian Michals
Nixon Peabody LLP

Attorneys for Plaintiff/Counter-Defendant
MAXIM I PROPERTIES

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

-8-

1

COUNSEL

2

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

3
4
5
6
7
8
9

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11
12
13
14
15
16
17
18
19
20
21

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

22
23
24
25
26
27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-9-

1
2
3
4
5
6
7
8
9

SOMACH SIMMONS & DUNN
A Professional Corporation

10
11
12
13
14
15
16
17

PARTIES

COUNSEL
Laurie Susan Julien
Schonbuch Hallissy LLP
11999 San Vincente Blvd., Suite 300
Los Angeles, CA 90049
Telephone: [phone]
Email: [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

18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CMC AND
RELATED DEADLINES; ORDER

-10-