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California Department of Toxic Substances Control v. Jim Dobbas, Inc.

United States District Court, E.D. California, Sacramento Division

June 8, 2017

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL and the TOXIC SUBSTANCES CONTROL ACCOUNT, Plaintiffs,
v.
JIM DOBBAS, INC., a California corporation; CONTINENTAL RAIL, INC., a Delaware corporation; DAVID VAN OVER, individually; PACIFIC WOOD PRESERVING, a dissolved California corporation; WEST COAST WOOD PRESERVING, LLC., a Nevada limited liability company; and COLLINS & AIKMAN PRODUCTS, LLC, a Delaware limited liability company, Defendants. AND RELATED COUNTERCLAIMS AND CROSS CLAIMS.

          XAVIER BECERRA Attorney General of California, SARAH E. MORRISON, Supervising Deputy Attorney General, OLIVIA W. KARLIN, LAURA J. ZUCKERMAN (Counsel for service) Deputy Attorneys General Attorneys for Plaintiffs California Department of Toxic Substances Control and Toxic Substances Control Account.

          DAVID VAN OVER Defendant

          AMENDED STIPULATION REQUESTING CONTINUANCE OF JUNE 12, 2017 HEARING DATE FOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE LIABILITY OF DEFENDANT DAVID VAN OVER; DECLARATION OF LAURA J. ZUCKERMAN IN SUPPORT THEREOF; ORDER

          WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE.

         Plaintiffs the State of California Department of Toxic Substances Control and the Toxic Substances Control Account (collectively, “DTSC”), through their attorneys, and individual defendant David Van Over, acting in pro per (“Van Over”), hereby submit this amended stipulation requesting that the Court continue the June 12, 2017 hearing date for Plaintiffs' Motion for Partial Summary Judgment on the liability of Defendant David Van Over (“Motion”) to July 10, 2017. This continuance will allow Van Over additional time to prepare an opposition to DTSC's Motion and accommodate DTSC's counsel's schedule.

         The foregoing Amended Stipulation is based on the following facts:

         1. In this action under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 (“CERCLA”), DTSC seeks to recover response costs it incurred or expects to incur in response to the release and/or threatened release of hazardous substances at, around, and/or beneath the property located at 147 A Street, Elmira, Solano County, CA, identified by Solano County Assessor's Parcel Numbers 142-010-130, 142-010-140 and 142-042-010 (“the Site”) from six (6) defendants. The Court has entered and approved consent decrees resolving the liability of two defendants in this action and has entered default judgments against three (3) others. Van Over is the current owner and operator of the Site, and he is the last remaining defendant in the case.

         2. On May 5, 2017, DTSC filed a noticed Motion for Partial Summary Judgment on the liability of Defendant David Van Over (“Motion”), setting the hearing date for the Motion for June 12, 2017. Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 230, Van Over's opposition was due not less than 14 days preceding the noticed hearing date. Accordingly, Van Over's opposition was due May 30, 2017. Van Over did not file a timely opposition. Declaration of Laura J. Zuckerman (“Zuckerman Decl.”), ¶ 2.

         3. On June 2, 2017, Van Over asked for, and Plaintiffs agreed to, a brief continuance of the hearing date to provide Van Over with an opportunity to file an opposition to DTSC's Motion. Zuckerman Declaration, ¶ 3. Counsel for DTSC plans to be out of the country from June 25 through July 7, 2017. Ibid.

         4. Based on the foregoing, DTSC and Van Over hereby jointly respectfully request that the Court enter an order continuing the hearing on DTSC's Motion, and extending the opposition and reply brief filing dates, to enable Van Over the opportunity to file an opposition to the Motion and to accommodate DTSC's counsel's schedule, as follows:

A. Filing date for Van Over Opposition - continued from May 30, 2017 to June 16, 2017.
B. Filing date for DTSC Reply - continued from June 5, 2017 to June 26, 2017, 2017.
C. Hearing on DTSC's Motion - continued from June 12, 2017 to July 10, 2017.

         IT IS ...


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