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United States v. Lyon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


May 20, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STEVEN C. LYON, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Honorable Lawrence J. O'neill United States District Judge

AND RELATED CROSS-ACTION AND THIRD PARTY ACTIONS

JOINT STIPULATION AND REQUEST TO CONTINUE HEARING DATE FOR UNITED STATES' MOTION FOR PARTIAL SUMMARY JUDGMENT AND REQUEST TO CONTINUE TRIAL SCHEDULE Hearing Date: June 24, 2010 Time: 8:30 a.m. Dept.: 4 Judge: Hon. Lawrence J. O'Neill

IT IS HEREBY STIPULATED by and between counsel for Plaintiff United States of America ("Plaintiff"), Defendants Stephen C. Lyon, Suzanne S. Lyon, Russell R. Tonda, and Diane M. Tonda ("the Lyons and Tondas"), Defendant Rajendra Jamnadas the personal representative of the Estate of Shantalil Jamnadas ("Jamnadas"), and Third Party Defendant City of Modesto ("City") (collectively "the Parties") as follows:

WHEREAS the United States, the Lyons and Tondas, and Jamnadas have participated in mediation and have reached an agreement in principle pending the approval of United States Environmental Protection Agency ("EPA") and United States Department of Justice management.

WHEREAS the United States and counsel for the Defendants will need time to review, negotiate, and finalize the language of each consent decree, including obtaining final approval and sign-off by the Defendants and by authorized EPA and Department of Justice managers.

WHEREAS once the consent decrees are executed by the Parties, they will be lodged with the Court pending a 30-day public comment period.

WHEREAS the United States filed a Notice of Motion and Motion for Partial Summary Judgment against the Lyons and Tondas on November 3, 2009, setting the hearing date for Deleted: . December 14, 2009 (Doc. No. 384).

WHEREAS the United States and the Lyons and Tondas thereafter stipulated to continue the December 14, 2009 hearing date on three (3) occasions (Docs. 396, 430, 453), and the Court so ordered (Docs 398, 439, 453), for a total period of five (5) months and ten days.

WHEREAS the hearing date for the Motion for Partial Summary Judgment is currently scheduled for June 24, 2010, at 8:30 a.m. (Docs. 450, 453).

WHEREAS the parties stipulated to continue all dates for the first phase (liability) set in the Scheduling Conference Order (Doc. 454) by four (4) months and the Court so ordered (Doc. 455).

WHEREAS the current schedule for the first phase (liability) is currently set as follows:

Non-expert Discovery Cutoff: September 28, 2010 Expert Disclosure: October 27, 2010 Supplemental Expert Disclosure: December 2, 2010 Expert Discovery Cutoff: January 19, 2011 Pretrial Motion Filing Deadline: February 28, 2011 Pretrial Motion Hearing Deadline: April 6, 2011 Pretrial Conf.: Date: April 20, 2011 Court Trial: (4-6 weeks est.) Date: June 7, 2011 WHEREAS the Parties agree that in light of the significant progress that has been made toward settlement, it is appropriate to continue all applicable deadlines including the hearing on the United States' Motion for Partial Summary Judgment currently scheduled for June 24, 2010, to conserve Court resources and prevent the Parties from incurring potentially unnecessary litigation.

WHEREAS the Parties have agreed to request that the trial schedule and briefing schedule for the Motion for Partial Summary Judgment be extended for three (3) months.

NOW THEREFORE the Parties stipulate that the dates established for the first phase (liability) of the bifurcated proceedings be continued as follows:

Lyons and Tondas' Opposition Brief Due: September 2, 2010 United States' Reply Brief Due: September 16, 2010

Motion for Partial Summary Judgment

Hearing Date: September 23, 2010, 8:30 a.m. Non-expert Discovery Cutoff: December 28, 2010 Expert Disclosure: January 24, 2011 Supplemental Expert Disclosure: March 3, 2011 Expert Discovery Cutoff: April 20, 2011 Pretrial Motion Filing Deadline: May 31, 2011 Pretrial Motion Hearing Deadline: July 6, 2011 Pretrial Conference Date: July 20, 2011 Court Trial Date (4-6 weeks): September 7, 2011 UNITED STATES OF AMERICA

IGNACIA MORENO Assistant Attorney General Environment and Natural Resources Division

STEPHEN C. LYON, SUZANNE S. LYON, RUSSELL R. TONDA and DIANE M. TONDA

RAJENDRA JAMNADAS the personal representative of the ESTATE OF SHANTILAL JAMNADAS

IT IS SO ORDERED.

The date for the for the hearing on the United States' Motion for Partial Summary Judgment is CONTINUED to September 23, 2010 at 8:30 a.m. and the dates for the first phase (liability) of the bifurcated proceedings are CONTINUED for three (3) months as indicated below:

Lyons and Tondas' Opposition Brief Due: September 2, 2010

United States' Reply Brief Due: September 16, 2010

Motion for Partial Summary Judgment

Hearing Date: September 23, 2010, 8:30 a.m.

Non-expert Discovery Cutoff: December 28, 2010

Expert Disclosure: January 24, 2011

Supplemental Expert Disclosure: March 3, 2011

Expert Discovery Cutoff: April 20, 2011

Pretrial Motion Filing Deadline: May 31, 2011 Pretrial Motion Hearing Deadline: July 6, 2011

Pretrial Conference Date: August 2, 2011 at 8:30am

Court Trial Date (4-6 weeks): September 7, 2011 at 8:30am

20100520

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