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Schultz v. Ichimoto

February 20, 2009

SCHULTZ, RODNEY SCHULTZ AND PATRICIA PLAINTIFFS,
v.
SAKAYE ICHIMOTO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 8/31/10

Non-Dispositive Motion Filing Deadline: 9/15/10

Dispositive Motion Filing Deadline: 10/15/10

I. Date of Scheduling Conference.

February 20, 2009.

9/14/10 10:00 Ctrm. 7

Settlement Conference Date:

Pre-Trial Conference Date: 1/10/11 11:00 Ctrm. 3

Trial Date: 3/29/11 9:00 Ctrm. 3 (CT-45 days)

III. Summary of Pleadings.

1. The Complaint. The Plaintiffs filed the Complaint on April 16, 2008.

2. Answers to the Complaint. Ichimoto, the Jamisons, the Wolfes, Vic M. Jamison, the Ratzloffs, Hoyt and the Tuttles have filed Answers to the Complaint.

3. Counterclaims. Ichimoto, the Jamisons, the Wolfes, M. Jamison, the Ratzloffs, Hoyt and the Tuttles have filed Counterclaims against the Plaintiffs. The Counterclaim filed on behalf of the Estate of John O. Jamison has been dismissed without prejudice.

4. Cross-claims. No Cross-claims have been filed. Hoyt, the Jamisons, and the Ratzloffs intend to file a Cross-claim against the other defendants. The Wolfes may file cross-claims against other defendants.

5. Voluntary Dismissals. Plaintiffs have voluntarily dismissed defendants Everette Rose and the Estate of John O. Jamison without prejudice.

6. The parties do not currently anticipate adding additional parties.

7. Site Owners. The Ratzloffs currently own the 40423 Highway 41 property located in Oakhurst, California. Ichimoto, as Trustee, is the current owner of the property located at 40366 and 40368 Highway 41.

8. Former Owner Defendants. Margaret, William and Cinda Jamison were former owners of 40366 Highway 41, Oakhurst. Tuttle was the previous owner of the property located at 40423 Highway 41, Oakhurst, California, County of Madera.

9. The Operator Defendants. The Wolfes, among others, were former operators of the dry cleaning facility located at 40366 Highway 41.

10. The Equipment Manufacturer Defendants. Plaintiffs allege that Hoyt and Hoffman/New Yorker, Inc., supplied dry cleaning machinery to the dry cleaning facility located at 40366 Highway 41. Plaintiffs allege that Vic provided dry cleaning machinery to the dry cleaning facility located at 40441 Highway 41.

11. The First Claim for Relief seeks recovery from all defendants under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a), for all or a portion of the recoverable response costs incurred by Plaintiffs.

12. The Second Claim for Relief seeks recovery from all defendants under section 113 of CERCLA, 42 U.S.C. § 9613, for all or a portion of the recoverable response costs incurred by Plaintiffs.

13. The Third Claim for Relief seeks declaratory relief against all defendants under section 113(g)(2) of CERCLA, that defendants are liable to Plaintiffs for all or a portion of response costs incurred in response to the release of hazardous substances at the Sites.

14. The Fourth Claim for Relief seeks contribution and/or indemnity against all defendants under the California Health and Safety Code section 25363 for all or a portion of amounts that Plaintiffs have or may incur in the future in response to the release of hazardous substances at the Sites.

15. The Fifth Claim for Relief seeks equitable indemnity and/or contribution against all defendants.

16. The Sixth, Seventh and Eighth Claims for Relief seek damages against all Defendants based on state law tort theories of continuing nuisance, negligence, and trespass, respectively.

17. The Ninth Claim for Relief seeks damages against Technichem and M.B.L. based on the state law tort theory of products liability.

18. The Tenth Claim for Relief seeks declaratory relief against all defendants based on California Health and Safety Code section 25363 and CERCLA section 113(g)(2).

19. The Eleventh Claim for Relief seeks injunctive relief against all Defendants under California Code of Civil Procedure sections 526 and 731.

20. Hoyt's Counterclaim seeks contribution under ยง 113 of CERCLA, declaratory relief under CERCLA, contribution and indemnity under the Hazardous Substances Account Act, declaratory relief under the ...


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