Green Valley Corporation v. Caldo Oil Company et al

Filing 130

ORDER by Judge Lucy H. Koh granting in part and denying in part 114 Motion to Compel; denying 121 Motion in Limine. (lhklc2, COURT STAFF) (Filed on 8/12/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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United States District Court
For the Northern District of California

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GREEN VALLEY CORPORATION, a
California corporation, dba Barry Swenson
Builder,

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Plaintiff,
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v.
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CALDO OIL COMPANY, a California
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corporation; VICTOR J. LOBUE, an individual )
and as trustee of the Victor J. LoBue Trust; THE )
VICTOR J. LOBUE TRUST; NELLA OIL
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COMPANY, LLC, a California limited liability )
company; and DOES 1 through 100,
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Defendants.
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Clerk: Martha Parker Brown
Reporter: Lee Anne Shortridge

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Case No.: 09-CV-04028-LHK

MINUTE ORDER AND FURTHER
CASE MANAGEMENT ORDER

Plaintiff Attorney: John Richard Till, Brian Paget
Defendants Attorney: Herman Kalfen
Third Party Defendants Attorney: Andrew M. Smith

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A case management conference was held on August 11, 2011.

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By Tuesday, August 16, 2011, Plaintiff shall submit a declaration, signed under penalty of perjury
by both Barry Swenson or another Green Valley employee with personal knowledge and attorney
John Till, with the following information:

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Whether any logs regarding discovery of contamination at 2266 Senter Road, San Jose,
California, 95112 (“the Property”) have ever been created, maintained, reviewed,
destroyed, or misplaced by anyone working for Plaintiff Green Valley Corporation. If any
such documents exist, they shall be produced by August 18, 2011.

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Whether all documents relating to efforts to sell the Property have been produced. If any
such documents have yet to be produced, they shall be produced by August 18, 2011.

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Whether any documents exist or ever existed relating to discovery of pollution in placement
of footings on the Property. If such documents exist, they shall be produced by August 18,
2011.

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When anyone at Green Valley Corporation, including Barry Swenson, first learned about
the case number 109CV155976 pending in the Superior Court of Santa Clara County.

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The Case schedule was amended as set forth below.
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ADR DEADLINE: The deadline for completion of private mediation is September 21, 2011.
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DISCOVERY PLAN: Per Fed. R. Civ. Pro. and Local Rules.
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DESIGNATION OF EXPERTS: August 5, 2011.
Case No.: 09-CV-04028-LHK
MINUTE ORDER AND FURTHER CASE MANAGEMENT ORDER

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DEADLINE FOR PRODUCTION OF DEFENDANT AND THIRD PARTY DEFENDANT’S
EXPERT REPORTS: August 15, 2011 at 9 a.m., to be hand-served to Plaintiff
DEADLINE FOR DEFENDANT AND THIRD PARTY DEFENDANT’S REBUTTAL EXPERT
REPORTS: August 19, 2011
DEADLINE FOR PLAINTIFF’S REBUTTAL EXPERT REPORTS: September 12, 2011
FACT DISCOVERY CUTOFF is September 23, 2011.
EXPERT DISCOVERY CUTOFF is September 26, 2011
DISPOSITIVE MOTIONS shall be filed by September 29, 2011
and are set for hearing on November 8, 2011 at 1:30 P.M.
FURTHER CASE MANAGEMENT CONFERENCE is set to follow the November 8, 2011
hearing on dispositive motions. If no dispositive motions are filed, the CMC will go forward.
PRETRIAL CONFERENCE DATE is December 14, 2011 at 2:00 P.M.
JURY TRIAL DATE is January 23, 2012 at 9:00 A.M. in courtroom 4, 5th floor.
TRIAL LENGTH is estimated to be 10 days.

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United States District Court
For the Northern District of California

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No further extensions will be granted.

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IT IS SO ORDERED.

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Dated: August 12, 2011

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 09-CV-04028-LHK
MINUTE ORDER AND FURTHER CASE MANAGEMENT ORDER