The opinion of the court was delivered by: Hon. Susan Illston United States District Judge
STIPULATION REGARDING FILING OF UNITED STATES' AMENDED ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND COUNTERCLAIM
WHEREAS, Plaintiff West Coast Home Builders, Inc. filed this action the United States Department of the Army, United States Defense Logistics Agency, and United States Department 22 of the Navy (collectively "Federal Defendants") on June 7, 2004, pursuant to sections 107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9607 and 9613. 25
WHEREAS, Plaintiffs filed a first amended complaint in this action on December 14, 2004 (docket no. 10).
WHEREAS, the Federal Defendants, filed an answer to the amended complaint on August 15, 2005 (docket no. 31).
WHEREAS, pursuant to this Court's directive issued at the status conference in this action on October 19, 2007, all motions or stipulations to the amendment of pleadings must be filed no later than February 1, 2008.
NOW THEREFORE, the parties hereto agree to the filing of an amended answer by the Federal Defendants that asserts a counterclaim for contribution under CERCLA. Such counterclaim would permit the Court to allocate response costs in the Plaintiffs' second amended complaint among liable parties using such equitable factors as the Court determines are 8 appropriate, under 42 U.S.C. § 9613(f)(1), and grant appropriate declaratory relief under 42 U.S.C. § 9613(g)(2) and 28 U.S.C. § 2201.
Lee A. Archer Peter W. McGaw
John L. Kortum ARCHER NORRIS 2033 North Main Street, Suite 800 Walnut Creek, CA 94596 Tel: (925) 930-6600 For the Federal Defendants
RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division
Pamela S. Tonglao, Attorney United States Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 (202) 305-0897
JOSEPH P. RUSSONIELLO United States Attorney CHARLES M. O'CONNOR (CA Bar No. 56320) Assistant United States Attorney 450 Golden Gate Ave. San Francisco, CA 94102 (415) 436-7180 ...