Ameripride Svc Inc v. Valley Industrial, et al
Case Number: 2:2000cv00113
Filed: January 19, 2000
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Lawrence K. Karlton
Presiding Judge: John F. Moulds
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 9607 Real Property Tort to Land
Jury Demanded By: Both
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Date Filed Document Text
January 5, 2018 Opinion or Order Filing 1155 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/4/2018 ORDERING that this action be DISMISSED with prejudice as to all claims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. The Clerk of the Court is directed to close the file. CASE CLOSED (Washington, S)
March 10, 2017 Opinion or Order Filing 1149 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/10/2017 ORDERING that pursuant to the parties' stipulation, the Court recognizes that TEO accepts AmeriPride's proof that it has directly incurred $131,175 .44 in additional investigation, remediation and regulatory oversight costs through January 2017. Pursuant to this Court's 10/19/2016 Order, such costs shall be included in the Court's calculation of the response costs directly incurred by AmeriPride and recoverable under Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a)(4)(B). (Zignago, K.)
February 7, 2017 Opinion or Order Filing 1147 ORDER signed by District Judge Morrison C. England, Jr. on 1/30/2017 GRANTING Defendant Texas Eastern Overseas, Inc.'s Request to Seal re 1145 Notice of Request to Seal Document. (Michel, G.)
February 3, 2017 Opinion or Order Filing 1146 ORDER signed by District Judge Morrison C. England, Jr. on 02/02/2017 GRANTING Plaintiff's 1144 Request to Seal Document(s). (Jackson, T)
January 30, 2017 Opinion or Order Filing 1143 ORDER signed by District Judge Morrison C. England, Jr. on 01/26/17 ORDERING that Ameripride Services Inc.'s 1141 Notice of Request to Seal Documents is GRANTED; the following documents are APPROVED for filing under seal: AmeriPride's Supplemental Brief and Exhibit 1 thereto. (Benson, A)
January 12, 2017 Opinion or Order Filing 1139 STIPULATED PROTECTIVE ORDER signed by District Judge Morrison C. England, Jr. on 1/12/2017. (Michel, G.)
November 14, 2016 Opinion or Order Filing 1130 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16 ORDERING that based on the parties' stipulation, the Court hereby receives into evidence TEO's additional trial exhibits, included in Exhibit A attached to the above stipulation, filed with the Court at ECF No. 1123 . The Court adopts this Exhibit A, in conjunction with Exhibits A and B attached to the parties' Joint Filing of Trial Exhibits Admitted Into Evidence By Stipulation (ECF No. 1116 ) as the final list of admitted trial exhibits.(Kastilahn, A)
October 19, 2016 Opinion or Order Filing 1110 STIPULATION and ORDER re Trial Exhibits to which no objection was raised signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
August 30, 2016 Opinion or Order Filing 1064 ORDER signed by District Judge Morrison C. England, Jr on 8/30/16 ORDERING that AmeriPride's MOTION 1045 is DENIED. (Mena-Sanchez, L)
August 29, 2016 Opinion or Order Filing 1062 STIPULATION and ORDER TO AMEND JOINT PRETRIAL STATEMENT signed by District Judge Morrison C. England, Jr on 8/25/16. (Mena-Sanchez, L)
August 10, 2016 Opinion or Order Filing 1058 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/10/16. The parties stipulation regarding the use of deposition testimony at trial (ECF No. 1057 ) is hereby adopted as an order of this Court.(Mena-Sanchez, L)
August 1, 2016 Opinion or Order Filing 1052 STIPULATION and ORDER Concerning additional response Costs directly incurred by Ameripride Serices Inc. signed by District Judge Morrison C. England, Jr on 7/29/16. (Mena-Sanchez, L)
July 13, 2016 Opinion or Order Filing 1039 ORDER signed by District Judge Morrison C. England, Jr on 7/12/16 ORDERING TEO's Motion for Summary Judgment (ECF No. 1018 ) is GRANTED in part and DENIED in part for the reasons stated above. AmeriPride's Motion for Summary Judgment (ECF No. 1021 ) is GRANTED in part and DENIED in part for the reasons stated above. (Becknal, R)
April 20, 2016 Opinion or Order Filing 1036 ORDER signed by Chief Judge Morrison C. England, Jr. on 4/19/2016 ORDERING that Texas Eastern Overseas Inc.'s 1019 Motion to Exclude portions of Mark A. Bryant's expert report and related trial testimony; and 1020 Motion for Sanctions are WITHDRAWN without prejudice. (Reader, L)
February 23, 2016 Opinion or Order Filing 1017 STIPULATION and ORDER CONCERNING ADDITIONAL RESPONSE COSTS DIRECTLY INCURRED BY AMERIPRIDE SERVICES INC., signed by Chief Judge Morrison C. England, Jr., on 2/22/16, ORDERING that the foregoing stipulation is adopted and approved by the Court. (Kastilahn, A)
February 11, 2016 Opinion or Order Filing 1015 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/10/16 ORDERING the foregoing Joint Request is GRANTED. The memorandum of points and authorities in support of dispositive motions, and any oppositions thereto, shall not exceed twenty-seven (27) pages. Associated reply briefs shall not exceed eighteen (18) pages. (Becknal, R)
December 8, 2015 Opinion or Order Filing 1011 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/7/15 ORDERING that the Pretrial Scheduling Order is modified to move the deadline for completion of Dispositive Motions from 2/25/16 to 4/21/2016.(Mena-Sanchez, L)
October 6, 2015 Opinion or Order Filing 1006 STIPULATION and ORDER Regarding Evidence Related to Ameripride's Prior Settlements signed by Chief Judge Morrison C. England, Jr on 10/5/15. (Mena-Sanchez, L)
September 28, 2015 Opinion or Order Filing 1002 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 9/25/15 ORDERING that pursuant to 999 the Court GRANTS ths parties' request to take the deposition of third-part Cal-Am 15 days after the non-expert discovery cut-off date. (Meuleman, A)
July 20, 2015 Opinion or Order Filing 988 PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 7/17/15 ORDERING that all discovery shall be completed by 9/30/2015. Designation of Expert Witnesses due by 11/30/2015. The last day to hear dispositive motions shall be 2/25/2016. The Final Pretrial Conference is SET for 6/16/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. The parties shall file, not later than 5/26/2016, a Joint Final Pretrial Conference Statement. The parti es shall file trial briefs not later than 6/2/2016. Any evidentiary or procedural motions are to be filed by 5/26/2016, oppositions must be filed by 6/2/2016 and any reply must be filed by 6/9/2016. The Bench Trial is SET for 8/5/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A)
September 18, 2013 Opinion or Order Filing 978 ORDER signed by Judge Lawrence K. Karlton on 9/17/2013 APPROVING 977 Stipulation and Proposed Order for Substitution of Counsel; RELIEVING the law firm of Foley & Lardner of all further responsibility for the representation of Defendant Huhtamaki Foodservice, Inc.; ORDERING that all further pleadings, correspondence and other documents in this matter be directed to Stephen J. Darmody, Esq., Darmody & Carta P.A. (Michel, G)
November 8, 2012 Opinion or Order Filing 950 RELATED CASE ORDER 949 signed by Judge Lawrence K. Karlton on 11/7/2012. The action denominated 2:12-cv-02476-MCE-CKD is REASSIGNED to District Judge Lawrence K. Karlton and Magistrate Judge John F. Moulds for all further proceedings. Henceforth, caption on documents filed shall be shown as 2:12-CV-02476-LKK-JFM. Clerk shall make appropriate adjustment in civil cases to compensate for this reassignment. (Marciel, M)
September 7, 2012 Opinion or Order Filing 941 ORDER signed by Judge Lawrence K. Karlton on 9/6/2012 DENYING 923 Renewed F.R.Cv.P. Rule 50(b) Motion for Judgment; DENYING 924 Motion to Amend the Judgment pursuant to F.R.Cv.P. Rule 59(e); GRANTING 928 Motion for Order Assigning Causes of Action and Rights to Payment. (Michel, G)
July 27, 2012 Opinion or Order Filing 930 ORDER signed by Judge Lawrence K. Karlton on 7/26/12 ORDERING that the action denominated CIV. NO. S-12-1723 GEB/GGH, and the same hereby is, reassigned to Judge Lawrence K. Karlton and Magistrate Judge John F. Moulds for all further proceedings. Any dates currently set in the reassigned case only, are hereby VACATED. Henceforth, the caption on documents filed in this reassigned case shall be shown as CIV. NO. S-12-1723 LKK/JFM. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Becknal, R)
June 13, 2012 Opinion or Order Filing 927 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/12/12 ORDERING that the MOTION HEARING as to 923 MOTION for JUDGMENT, and 924 MOTION to AMEND the JUDGMENT is RESET for 9/4/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Manzer, C) Modified on 6/13/2012 (Krueger, M).
May 9, 2012 Opinion or Order Filing 922 ORDER signed by Judge Lawrence K. Karlton on 05/08/12 GRANTING plaintiff's 914 Bill of Costs in the amount of $140,500.72. (Benson, A.)
April 20, 2012 Opinion or Order Filing 915 ORDER signed by Judge Lawrence K. Karlton on 04/20/12 ORDERING that defendant shall pay to the plaintiff $7,754,455.76, plus $2,219,966.19, for a total payment of $9,974,421.95. Defendant SHALL be responsible for one half of all future cleanup costs. Clerk to enter judgment accordingly. CASE CLOSED (Benson, A.)
April 4, 2012 Opinion or Order Filing 912 ORDER signed by Judge Lawrence K. Karlton on 4/4/12 ORDERING the Defendant shall pay to the plaintiff $7,754,456.18; The parties SHALL file a stipulation with the court within fourteen (14) days of the issuance of this order as to the interest payable by defendant by virtue of plaintiff's past expended costs, for which Defendant shall be liable; Defendant SHALL be responsible for one half of all future cleanup costs. (Becknal, R)
March 12, 2012 Opinion or Order Filing 909 ORDER signed by Judge Lawrence K. Karlton on 03/12/12 ORDERING that, pursuant to 908 Request for Clarification, the parties are correct in assuming that the questions the Court asked the parties to address in the 907 03/05/12 order are in addition to, and not in lieu of, the issues the court initially permitted the parties to brief at the conclusion of trial. (Benson, A.)
March 5, 2012 Opinion or Order Filing 907 ORDER signed by Judge Lawrence K. Karlton on 3/5/2012 ORDERING that parties are GRANTED 14 additional days to file their final briefs in light of the questions presented in this instant order. Parties' final briefs shall be filed no later than 3/20/2012. If the parties are confident that their briefs address the questions presented, they may file their final briefs before 3/20/2012.(Waggoner, D)
January 9, 2012 Opinion or Order Filing 864 STIPULATION and ORDER Concerning Costs Incurred By Amerippride Services, Inc., signed by Judge Lawrence K. Karlton on 1/9/12. It is so ORDERED that AmeriPride has directly incurred $7,570,921 in investigation and remediation costs through August 2010, AmeriPride has directly incurred $474,730 in regulatory oversight costs through September 2010, AmeriPride paid $8,250,000 to Huhtamaki to settle all claims Huhtamaki had against AmeriPride, and AmeriPride paid $2,000,000 to Cal-Am Water Co. to settle all claims Cal-Am Water Co. had against AmeriPride. (Kastilahn, A)
December 15, 2011 Opinion or Order Filing 855 ORDER signed by Judge Lawrence K. Karlton on 12/15/11: This court clarifies its November 15, 2011 order and determines that: (1) AmeriPrides "claw back" request under Federal Rule of Civil Procedure 26(b)(5)(B) as related to the "Memor andum from in-house counsel, B.P. Berry re: environmental audit of each plant, with attachments" and as described above, is DENIED. (2) The parties' stipulation and proposed order permitting the filing of those documents under seal, ECF No. 780, is DENIED as moot. (Kaminski, H)
December 2, 2011 Opinion or Order Filing 849 ORDER signed by Judge Lawrence K. Karlton on 12/1/11; Defendant TEXAS EASTERN OVERSEAS, INC. ("TEO") submits this statement to memorialize its prior request to dismiss without prejudice TEO's Third Party Complaint against Univar USA, I nc. ("Univar"). In TEO's Separate Pretrial Statement and in the Pretrial Conference Order (Tentative), TEO agreed that dismissal of the action against Univar was appropriate because the time limit to serve the Complaint had passed. Dkt . 772 at 35; Dkt. 788 at 158. Pursuant to Federal Rules of Civil Procedure Rule 4(m), the Court must dismiss the action. Rule 4(m) regarding the time limit for service states, [i]f a defendant is not served within 120 days after the complaint is file d, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the co urt must extend the time for service for an appropriate period." TEO and AmeriPride agree this action should be dismissed without prejudice. Dkt. 788 at 158. For these reasons, TEO respectfully requests that the Court enter an order dismissing TEO's Third Party Complaint against Univar without prejudice. (Matson, R)
November 15, 2011 Opinion or Order Filing 808 ORDER signed by Judge Lawrence K. Karlton on 11/14/11: The court finds no good cause to amend the scheduling order and, thus, DENIES Defendant TEO's request to amend the scheduling order for the purposes of filing a motion to compel. (Kaminski, H)
October 26, 2011 Opinion or Order Filing 778 PRETRIAL (CONFERENCE) ORDER (TENTATIVE) signed by Judge Lawrence K. Karlton on 10/26/11, ORDERING that the Court Trial is SET for 1/18/2012 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The trial is estimated to take approximate ly five to ten days. The parties are granted 14 days from the date of this order to object or augment same. The parties are granted seven days thereafter to respond to the other party's objections. If no objections or addictions are made, the tentative pretrial order will become final without further order of the court. (Kastilahn, A)
July 20, 2011 Opinion or Order Filing 765 ORDER denying 736 Motion for Discovery and 740 Motion for Discovery signed by Senior Judge Lawrence K. Karlton on 7/19/11: With respect to the Daubert motion, the court may make further determinations as to the relevance and reliability of the challenged testimony at trial. (Kaminski, H)
July 12, 2011 Opinion or Order Filing 763 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/12/11 Resolving Texas Eastern Overseas, Inc.'s Motion for Sanctions Against Ameripride Services Inc. (Meuleman, A)
June 1, 2011 Opinion or Order Filing 752 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/1/2011 ORDERING that the hearings on 740 Motion to Exclude Opinion Testimony of Pltf's Expert, 736 Motion to Re-Open Discovery and 745 Motion for Sanctions against Ameripride Services, Inc is CONTINUED to 7/18/2011. AmeriPride's oppositions to all of the motions shall be due by 6/20/2011. TEO's reply briefs in support of all of the motions shall be due by 7/11/2011. (Zignago, K.)
May 12, 2011 Opinion or Order Filing 735 ORDER signed by Senior Judge Lawrence K. Karlton on 5/12/11 GRANTING-IN-PART and DENYING-IN-PART 698 Motion for Summary Judgment. The amounts AmeriPride paid in settlement to Huhtamaki and Cal-Am are not recoverable under CERCLA section 107. AmeriPride may file an Amended Complaint seeking to recover these costs under CERCLA section 113(f). Said complaint shall be filed no later than 14 days from the date of this order. (Donati, J)
April 1, 2011 Opinion or Order Filing 726 ORDER signed by Magistrate Judge John F. Moulds on 4/1/2011 GRANTING plaintiff's 713 Motion to Compel Amended Responses to its Requests for Admissios. On or before 4/8/2011, TEO shall amend its answer to Request w/out further Objection. In Joint Discovery Statement, TEO has also agreed to supplement its Responses to plaintiffs Requests for Production. Such Supplemental Responses shall be due on or before 4/8/2011. (Marciel, M)
March 1, 2011 Opinion or Order Filing 710 ORDER signed by Senior Judge Lawrence K. Karlton on 02/28/11 ORDERING that, due to court congestion, the hearing on plf's 698 Motion for Summary Judgment is CONTINUED to 05/05/11 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Deadlines for filing memoranda remain unchanged. (Benson, A.)
January 21, 2011 Opinion or Order Filing 705 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 1/21/11: HEARING as to 698 MOTION for SUMMARY JUDGMENT continued to 4/25/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.TEO's opposition to the Motion for Summary Judgment shall be due on or before March 4, 2011. AMERIPRIDE's reply brief in support of its Motion for Summary Judgment shall be due on or before April 7, 2011. (Kaminski, H)
July 6, 2010 Opinion or Order Filing 690 ORDER signed by Senior Judge Lawrence K. Karlton on 7/6/10 ORDERING the existing stay ordered by this Court on 11/25/08 is LIFTED; and a FRCP 16 scheduling conference is set for 9/27/2010 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; parties shall file their status reports 14 days prior to the status conference. (Carlos, K)
July 6, 2007 Opinion or Order Filing 641 [DISREGARD- DUPLICATE of 640 Order ] ORDER signed by Judge Lawrence K. Karlton on 07/06/07 ORDERING that page 8, line 10 of the Court's 07/02/07 order 638 is hereby AMENDED so that the word "without" is replaced with the word "with". (Manzer, C) Modified on 7/6/2007 (Donati, J).
July 2, 2007 Opinion or Order Filing 638 ORDER ENTERING JUDGMENT signed by Judge Lawrence K. Karlton on 7/2/2007, Each of the three settlement agreements is hereby approved as a good faith settlement and as substantively fair, reasonable and consistent with the purposes of CERCLA. Judgment pursuant to Rule 54(b), FRCP is hereby ENTERED in favor of Mission Linen in the AmeriPride Action, with Mission Linen agreeing to bear its own costs and attorneys fees. Counsel for Huhtamaki is directed to serve a copy of this order on each of the non-parties identified. (Reader, L) Modified on 7/6/2007 (Reader, L).
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