CA Dept Toxic Sub v. Brighton Oil Co, et al
| California Department of Toxic Substances Control |
| Brighton Oil Co, Brighton-Bengal Oil Refining Co., Herbert S McDuffie, Jr, Christine E McDuffee, Purity Oil Sales Inc, Laverne Grooms, Charles V. Kester, Daniel L Kester, Ravind Shankar, Sharon L Stone, Mid Valley Development Inc, Aerojet General Corp, Chevron Corporation, Gordon Turner Motors Inc, Pacific Gas and Electric Company, R L Niello Inc, Sacramento City, Sacramento County, Sacramento Municipal Utility District, Texaco Marketing and Refining Inc, Tiechert Inc, United States Air Force and White Rock & Kilgore, LLC |
| R L Niello Inc, Pacific Gas and Electric Company, Tiechert Inc, Aerojet General Corp, Sacramento Municipal Utility District, Herbert S McDuffie, Jr, Christine E McDuffee, Chevron Corporation, Texaco Marketing and Refining Inc, Sacramento City, Ellsworth Harrold Co, Suburban Motors Inc, Gordon Turner Motors Inc, John L Sullivan Chevrolet Inc, E L Winter Inc and City of Roseville |
| California Department of Toxic Substances Control, Aerojet General Corp, Pacific Gas and Electric Company, Christine E McDuffee, Herbert S McDuffie, Jr, State of California, Texaco Marketing and Refining Inc, Chevron Corporation, Sacramento City, City of Roseville, California Department of General Services, California Department of Transportation and California Highway Patrol |
| Gordon Turner Motors Inc, Aerojet General Corp, Pacific Gas and Electric Company, Herbert S McDuffie, Jr, Christine E McDuffee, Chevron Corporation, Texaco Marketing and Refining Inc, Sacramento City, Ellsworth Harrold Co, Suburban Motors Inc, City of Roseville, Sacramento Municipal Utility District and Capitol City Chevrolet |
| Herbert S McDuffie, Jr, Christine E McDuffee, Charles V. Kester, Ravind Shankar, Sharon L Stone, Mid Valley Development Inc, Chevron Corporation, Gordon Turner Motors Inc, Pacific Gas and Electric Company, R L Niello Inc, Sacramento City, Sacramento County, Sacramento Municipal Utility District, Texaco Marketing and Refining Inc, Tiechert Inc, United States Air Force, Aerojet General Corp, Purity Oil Sales Inc, Laverne Grooms, Daniel L Kester, Pacific Gas & Electric Company, State of California, Atlantic Richfield, Exxon Mobil Corporation, Shell Oil Company, E L Winter Inc, Capitol City Chevrolet, F B Hart Company, Internation Harvester Company, Union Pacific Railroad Company, - - Consolidated Freightway Inc, Petroleum Tank Line, John L Sullivan Chevrolet Inc, Wilkins Draying Company, Hastie Sand and Gravel, Lew Williams Chevrolet, Union Oil Company of California, Ellsworth Harrold Co, Suburban Motors Inc, Valley Livestock Transportation Service, Future Ford Inc, Andrews Enterprises Inc, Cal Gas-West Inc, Future Nissan Inc, Crystal Ice Delivery Inc, Wesley B Lasher Investment Corporation, Maita Oldsmobile, Keil Enterprises, ATK Construction and City of Roseville |
| Sacramento County and Aerojet General Corp |
| Union Oil Company of California, Atlantic Richfield, Exxon Mobil Corporation, Shell Oil Company, F B Hart Company, Internation Harvester Company, Union Pacific Railroad Company, - - Consolidated Freightway Inc, Petroleum Tank Line, John L Sullivan Chevrolet Inc, Valley Livestock Transportation Service, Ellsworth Harrold Co, Suburban Motors Inc, Andrews Enterprises Inc, Cal Gas-West Inc, Future Nissan Inc, Crystal Ice Delivery Inc, Wesley B Lasher Investment Corporation, City of Roseville, State of California, Maita Oldsmobile, Keil Enterprises, ATK Construction and Maita Chevrolet Geo |
| 2:2002cv00018 |
| August 14, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Gregory G. Hollows |
| Garland E. Burrell |
| Environmental Matters |
| 42 U.S.C. ยง 9607 Real Property Tort to Land |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1296
FINAL JUDGMENT signed by District Judge Troy L. Nunley on 5/20/14. Pursuant to 1292 Stipulation, the Court hereby ENTERS judgment in favor of the Department and against Kilgore in the amount of $210,000. This Final Judgment is subject to section 10 of the 1227 Consent Decree and approved by the Court on 1246 Order. (Meuleman, A)
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Filing
1284
ORDER signed by Judge Garland E. Burrell, Jr on 10/1/13 ORDERING today a purchase was made that requires my recusal in this action. Therefore, I am disqualifying myself as the judge to whom this case is assigned under 28 U.S.C. § 455. The clerk shall randomly reassign this case and make the appropriate adjustments. (Becknal, R)
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Filing
1277
STIPULATION and ORDER 1275 regarding "Parcel B" signed by Judge Garland E. Burrell, Jr. on 2/25/2013. Pursuant to Stipulation and its authority under state law as set forth in Health and Safety Code section 25365.6, DTSC may place furth er lien in amount of $37,151.70 on property identified by Assessor's Parcel Number 072-0260-031, located at intersection of White Rock and Kilgore Roads in Rancho Cordova, California ("Parcel B") in order to increase lien amount on Parcel B to total of $210,000. Kilgore and Stone shall not challenge amount or placement of this lien on Parcel B property. (Marciel, M)
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Filing
1274
ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 12/3/12: Status (Pretrial Scheduling) Conference RESET for 6/24/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Meuleman, A)
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Filing
1265
ORDER signed by Judge Garland E. Burrell, Jr. on 6/29/2012 CONTINUING the Status (Pretrial Scheduling) Conference for 9/17/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; ORDERING the parties to file a Joint Status Report 14 days prior to the Status Conference. (Michel, G)
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Filing
1261
ORDER DISCHARGING OSC signed by Judge Garland E. Burrell, Jr. on 4/12/2012 ORDERING 1251 Although the parties' responses reveal each counsel could be sanctioned, I will not impose a sanction this time. Therefore, Kilgore & White Rock, LLC' ;s request for a hearing is unnecessary, and no hearing is scheduled. the Status (Pretrial Scheduling) Conference scheduled for hearing on 5/21/2012, is CONTINUED to 7/9/2012 at 9:00 a.m. A further joint status report shall be filed no later than 14 days prior to the Status Conference, in which the parties are required to explain whether the terms of the Consent Decrees approved by the Court have been satisfied, such that this case can be closed. (Reader, L)
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Filing
1251
ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 3/28/12. The parties are ORDERED to Show Cause in writing to be filed no later than 4/9/2012, why sanctions should not be imposed against them and/or their counsel for failure to file a timely status report. If a hearing is requested, it will be held on 5/21/2012 at 09:00 AM just prior to the Status Conference, which is RESCHEDULED to that date and time. (Mena-Sanchez, L)
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Filing
1249
ORDER granting 1244 Motion to Dismiss signed by Judge Garland E. Burrell, Jr on 7/29/11. (Kaminski, H)
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Filing
1237
ORDER signed by Judge Garland E. Burrell, Jr. on 7/21/11 DISMISSING Charles V. Kester without prejudice. (Mena-Sanchez, L)
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Filing
1236
ORDER signed by Judge Garland E. Burrell, Jr. on 07/20/2011 ORDERING that the Sullivan Consent Decree is APPROVED. (Michel, G)
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Filing
1222
ORDER signed by Judge Garland E. Burrell, Jr. on 5/26/2011 ORDERING if Pltf fails to file a motion for entry of default judgment against dft Keil Enterprises, Inc. on or before 7/13/2011, Pltf shall show cause no later than 4:00 PM on 7/15/2011, why this dft should not be dismissed for failure of prosecution. (Zignago, K.)
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Filing
1202
ORDER signed by Judge Garland E. Burrell, Jr on 4/1/11 ORDERING pltf's motion to strike 1183 Motion to Strike and Motion for Summary Judgment 1191 are DEEMED WITHDRAWN; pltf shall file a motion for entry of default judgment as to dft Sharon L. Stone before the Magistrate Judge within 100 days of the date on which this Order is filed; if pltf fails to timely file the motion, pltf shall show cause in writing no later than 4:00 p.m. on 7/15/11, why this dft should not be dismissed for failure of prosecution. (Carlos, K)
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Filing
1178
ORDER signed by Judge Garland E. Burrell, Jr. on 10/26/2010 ORDERING that is matter is REFERRED to VDRP. Pltf's pending 1171 Motion to Strike is deemed WITHDRAWN. The status conference is CONTINUED to 6/13/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. A joint status report shall be filed 14 days prior to the status conference. (Zignago, K.)
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Filing
1167
ORDER signed by Judge Garland E. Burrell, Jr on 10/5/10 GRANTING Pltf's 1166 Request to dismiss Causes of Action. Pltf's Second and Third Causes of Action in the 1145 Fourth Amended Complaint are DISMISSED. (Owen, K)
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Filing
1155
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 8/20/2010 ORDERING that Kester shall file a response to the Fourth Amended Complaint by 9/24/2010. (Zignago, K.)
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Filing
1153
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/10/10 ORDERING dft Gordon Turner shall have until 9/24/10 to file its response to the Fourth Amended Complaint 1145 filed on 7/22/10. (Carlos, K)
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Filing
1148
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 7/23/10 ORDERING that the Consent Decree 1120 is MODIFIED as follows: Paragraph 7.1(b) is modified to provide that Mid Valley shall pay $140,000 (One Hundred Forty Thousand Dollar s) to the Department, consisting of an initial payment of $14,000 (Fourteen Thousand Dollars) to the Department due by 6/5/10 (this payment has been made), and nine additional payments to the Department in the amount of $14,000 plus interes t at the rate of 2% per year, due by the fifth day of the subsequent nine months. The required payment amounts are shown on Exhibit A in the column Total Monthly Installment. Mid Valley may pay the entire balance at any time during the nine mont hs.2. If any of the payments required above are not received by the Department by the due date, the entire remaining balance shall be immediately due and payable, and the Department may pursue all available means for collecting the full balance at that time. (Mena-Sanchez, L)
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Filing
1144
ORDER signed by Judge Garland E. Burrell, Jr on 7/20/10 ORDERING pltf's Motion to Amend its third amended complaint 1138 is a GRANTED; and the status conference is CONTINUED to 12/13/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K)
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Filing
1137
ORDER signed by Judge Garland E. Burrell, Jr on 6/9/10 DISMISSING the third amended complaint, counter-claims, cross-complaints, and third party complaint by Pltf DTSC and owner/operator settling parties and arranger settling parties. (Owen, K)
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Filing
1133
ORDER FOR DISMISSAL OF CLAIMS WITHOUT PREJUDICE AGAINST NON-SETTLING PARTIES per 41(a)(2) signed by Judge Garland E. Burrell, Jr. on 06/08/10 ORDERING that each party bear its own attorneys' fees and costs. Aerojet General Corp; Andrews Enterpr ises Inc; Atlantic Richfield; Chevron Corporation; Chevron Corporation; Chevron Corporation; Chevron Corporation; Chevron Corporation; Chevron Corporation; City of Roseville; Ellsworth Harrold Co; Exxon Mobil Corporation; F B Hart Company; Charles V. Kester; Christine E McDuffee; Christine E McDuffee; Herbert S McDuffie, Jr; Herbert S McDuffie, Jr; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas a nd Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Petroleum Tank Line; R L Niello Inc; R L Niello Inc; R L Ni ello Inc; R L Niello Inc; R L Niello Inc; R L Niello Inc; R L Niello Inc; R L Niello Inc; Sacramento City; Sacramento City; Sacramento City; Sacramento City; Sacramento City; Sacramento City; Sacramento County; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Shell Oil Company; Suburban Motors Inc; Texaco Marketing and Refining Inc; Texaco Marketing an d Refining Inc; Texaco Marketing and Refining Inc; Tiechert Inc; Tiechert Inc; Tiechert Inc; Union Oil Company of California; Union Pacific Railroad Company; Valley Livestock Transportation Service; White Rock & Kilgore, LLC; Aerojet General Corp and Aerojet General Corp terminated. (Benson, A.)
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Filing
1131
ORDER signed by Judge Garland E. Burrell, Jr. on 5/20/2010 ORDERING that the stay of litigation is LIFTED. Pltf and remaining parties shall participate in a Status Conference on 8/9/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. The parties shall file a joint status conference statement 14 days prior to the status conference. (Engbretson, K.)
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Filing
1120
ORDER signed by Judge Garland E. Burrell, Jr on 4/28/10 ORDERING that the Consent Decree is APPROVED and entered as a good faith settlement; all claims for contribution or indemnity against the settling parties are barred by 42 USC § 9613(f); the consent decree was entered into within the meaning of CCCP 877 and 877.6 and all claims against the settling parties for contribution or indemnity are barred by section 877.6. (Owen, K)
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Filing
1093
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/14/2009. DTSC shall be permitted to acquire data/records of settlement expert, previously transmitted or otherwise appropriately accessible, to DTSC in electronically usable format. This Order does not address who shall pay for that re-transmission assuming there are any significant costs associated with re-transmission. (Marciel, M)
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Filing
1073
ORDER signed by Magistrate Judge Gregory G. Hollows on 02/17/09 ORDERING that a Settlement Conference is scheduled for 4/21/2009 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows, and that a Settlement Conference is scheduled for 4/22/2009 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Streeter, J)
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