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Golden Gate Way, LLC, A California Limited Liability Company v. Jeanne Stewart

September 29, 2011

GOLDEN GATE WAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
JEANNE STEWART, JEANNE'S HAMLIN CLEANERS, JEANNE STEWART DBA HAMLIN CLEANERS, TOMMY LEE STEWART, LEONARD A. GROSS, LEONARD A. GROSS PROFESSIONAL CORPORATION, MARTINO FAMILY TRUST, PAULINE F. KIDWELL AND GERALD MARTINO, TRUSTEES, ESTATE OF RONALD MONROE, DECEASED, ESTATE OF MATTHEW MONROE, DECEASED AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Judge Donna M. Ryu Magistrate Judge of the Federal District

JOINT STIPULATION FOR ORDER RE FURTHER EXTENSION OF TIME TO COMPLETE MEDIATION; [PROPOSED] ORDER Complaint Filed: 9/22/09 [Assigned for All Purposes to Magistrate Judge Donna Ryu] AND RELATED CROSS-CLAIMS AND COUNTER-CLAIMS.

THE PARTIES HEREBY STIPULATE and respectfully request from the Court as 2 follows: 3 Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 5

WHEREAS from October 2010 to January 2011, environmental consultants 7 Environmental Resources Management ("ERM") have performed and completed an on-8 site investigation on the property located at 3421, 3423, and 3425 Golden Gate Way in 9

WHEREAS this is an action primarily arising under the federal Comprehensive 4 §§9601, et seq. 6 Lafayette, California, which Plaintiffs allege is consistent with the Workplan that ERM 10 submitted to the San Francisco Bay Regional Water Quality Control Board ("RWQCB") 11 on March 6, 2009, and which the RWQCB approved; 12

WHEREAS ERM's on-site investigation consisted of further collection and analysis 13 of soil vapor and groundwater samples, and installation and analysis of monitoring wells, 14 just to name a few, with the objective of characterizing the occurrence of volatile organic 15 compounds ("VOCs") in the relevant property's soil and groundwater and evaluate the 16 potential for migration of VOCs into indoor air and groundwater; 17

WHEREAS in July 2011 the Regional Water Quality Control Board ("RWQCB") 18 issued a draft Tentative Order, ordering the dischargers named in the order to conduct 19 the following activities, among others: operate the soil vapor extraction ('SVE") to 20 address human health risks; conduct quarterly monitoring and sampling of groundwater 21 wells and soil vapor probes; define the lateral extent of contamination in groundwater, 22 including sampling of (i) the adjacent property where an apartment building is located; 23 and (ii) property south of Lafayette Creek; conduct indoor air sampling in buildings 24 underneath the groundwater plume; and propose and implement a remedial action plan; 25 2011 ("Court's CMC Order"), the Court ordered the Parties to participate in mediation 27 through the Northern District of California ADR Program, and to complete mediation on or 28 before September 30, 2011;

WHEREAS pursuant to the Court's CMC Order, on or about August 17, 2011, the 2 Parties agreed to participate in mediation on September 27, 2011, using Mr. Lester Levy 3 of JAMS as mediator. In attempting to schedule the mediation, Plaintiff Golden Gate 4 "Plaintiffs") , through their counsel attempted several times to contact Defendant Gross to 6 remind him of his obligation to participate in mediation pursuant to the Court's CMC 7

WHEREAS the RWQCB's draft Tentative Order named Defendant Leonard Gross 9 as a "discharger" under the Porter-Cologne Act; 10

Plaintiffs to inform counsel that he could not and will not participate in the mediation due 12 to health reasons. Plaintiffs' counsel reminded Defendant Gross that he was indeed 13 ordered by the Court to participate in mediation and that if he could not physically 14 participate in mediation, it is recommended that he retain counsel or have an authorized 15 agent on his behalf appear for the mediation with authority to achieve settlement on his 16 behalf; 17

WHEREAS on September 8, 2011, Defendant Gross, through a letter from his 18 son, informed the Court and Parties that he would not participate in mediation scheduled 19 for September 27, 2011; 20

Jeanne's Hamlin Cleaners, Jeanne Stewart dba Hamlin Cleaners, and Tommy Lee 22 Stewart, believe that Defendant Gross is a significant potentially responsible party to this 23 action and is therefore a vital party to any settlement in this action; 24

WHEREAS on September 19, 2011, the Parties except Defendant Gross 25 participated in a conference call with the mediator Lester Levy. Two days later, on 26 Usak, who informed the Parties that after Mr. Levy spoke with the ADR Program clerk, 28

JOINT STIPULATION FOR ORDER RE FURTHER EXTENSION OF TIME TO ...


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