The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
GREBEN & ASSOCIATES 125 E. DE LA GUERRA ST., STE. 203 SANTA BARBARA, CA 93101 TELEPHONE: (805) 963-9090 FACSIMILE: (805) 963-9098 Jan A. Greben, State Bar No. 103464 firstname.lastname@example.org Jeff G. Coyner, State Bar No. 233499 email@example.com Attorneys for Plaintiff, Cross Defendant, Third Party Defendant, Counter Defendant and Counter Claimant KFD Enterprises, Inc., a California corporation dba Norman's Dry Cleaner, and Third Party Defendant Kenneth Daer
SECOND AMENDED STIPULATION TO CONTINUE ALL PENDING COURT DATES; DECLARATION OF TIMOTHY GALLAGHER; [PROPOSED] ORDER AND RELATED COUNTER AND CROSS CLAIMS
IT IS HEREBY STIPULATED by and between Plaintiff KFD Enterprises, Inc. ("KFD"), Cross-Defendant Kenneth Daer, Defendant, Cross-Claimant, Counter-Claimant, and Cross- Defendant City of Eureka, Defendant, Cross-Defendant, and Cross-Claimant Winzler & Kelly, Defendants and Cross-Defendants Union Oil Company of California, Unocal Corporation, and Chevron Corporation ("Union Oil entities"), Defendant, Cross-Defendant, and Cross-Claimant Environmental Resolutions, Inc./Cardno USA ("ERI/Cardno"), and Defendants and Cross- Defendants Multimatic LLC and the Kirrberg Corporation ("Multimatic Entities") as follows:
1. This stipulation is entered into between the parties to continue all pending court dates*fn1 for approximately three (3) months to allow the parties to pursue settlement negotiations that have commenced and continue before private mediator Timothy Gallagher.
2. On October 1, 2008, the Complaint was filed in this action, seeking relief under CERCLA and pendent state claims. Numerous cross and counter claims followed.
3. The action arises out of solvent and petroleum contamination in Eureka, California. The issues of liability and allocation are complex, and the claimed damages approach $10 million.
4. The parties commenced their initial mediation on October 4, 2012 with Mr. Gallagher. Mr. Gallagher has determined that it would be appropriate for the parties to continue all pending court dates while he determines if the case can be resolved. Mr. Gallagher has determined that a resolution might be possible but requires additional information concerning the extent of contamination and its costs to correct, as well as related insurance coverage and allocation issues. To this end, Mr. Gallagher has scheduled the following subsequent mediation dates:
a. October 16, 2012: Meeting with City of Eureka insurers
b. October 18, 2012: Meeting with KFD insurers
c. October 19, 2012: Meeting with City of Eureka consultants
d. October 22, 2012: Meeting with KFD consultants
e. November 9, 2012: Meeting with all parties
f. November 27, 2012: Meeting with ...