Bel Air Mart et al v. Arnold Cleaners, Inc. et al
| Bel Air Mart and Wong Family Investors, L.P. |
| Arnold Cleaners, Inc., Han Hoi Joo, Arnold Palmer Cleaners, Inc., Chang Sun Joo, Peter Kim, The Estate of Ronald G. Armstrong, Deceased, Ralph Armstrong, Melva Jo Kirby Armstrong, The Estate of James A. Parrish, Deceased, Claudine Babin-Armstrong, Margaret Carrington, The Estate of George W. Carrington, Deceased, The Estate of Adon V. Panattoni, Deceased, Yolanda M. Panattoni, Robert Gern Nagler, John W. Burns and The Estate of Elice G. Burns, Deceased |
| 2:2010cv02392 |
| September 3, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Morrison C. England |
| Environmental Matters |
| 33 U.S.C. ยง 1365 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
325
ORDER signed by Chief Judge Morrison C. England, Jr on 10/22/15 ORDERING that Plaintiffs' claims in the above-entitled action are DISMISSED as against all remaining defendants, without prejudice, pursuant to Rule 41(a)(1)(A) of the FRCP. CASE CLOSED.(Mena-Sanchez, L)
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Filing
321
ORDER signed by Chief Judge Morrison C. England, Jr on 10/5/15 ORDERING that Plaintiffs' claims in the above-entitled action be, and hereby are, dismissed as against The Burns Estates only, with prejudice; IT IS FURTHER ORDERED that, pursuant to the Settlement Agreement entered into by Plaintiffs and The Burns Estates, and executed by all parties thereto as of 8/10/15, each of the parties hereto shall bear its own attorneys' fees, costs, and expenses, except as otherwise stated in the Settlement Agreement. (Becknal, R)
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Filing
319
ORDER signed by Chief Judge Morrison C. England, Jr. on 9/2/2015 APPROVING 318 Stipulation for Extension of Time; ORDERING the parties to file dispositional documents by 10/31/2015. (Michel, G.)
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Filing
307
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 1/16/2015 ORDERING 297 that the cross-claim made by The Estate of John W. Burns and The Estate of Elice G. Burns against The Estate of Ronald G. Armstrong, Deceased, by and thr ough Century Indemnity Company as successor to CCI Insurance Company, as successor to Insurance Company of North America pursuant to Probate Code Sec 550 et seq. is DISMISSED and that each party shall bear their own attorneys' fees and costs. (Reader, L)
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Filing
302
ORDER signed by Chief Judge Morrison C. England, Jr. on 1/13/2015 CONFIRMING AND APPROVING the settlement agreements attached as Exhibits A and B to the Declaration of Olivia M. Wright re 294 Motion for Good Faith Settlement Determination; DISMISSI NG WITH PREJUDICE all claims, counterclaims, and cross-claims asserted against Yolanda Panattoni, Ralph Armstrong, Robert Gern Nagler, Estate of Ronald G. Armstrong, Deceased, Han Hoi Joo, Chang Sun Joo and/or Peter Kim; DISMISSING WITH PREJUDICE all claims, counterclaims, cross-claims, and third-party claims asserted by Yolanda Panattoni, Robert Gern Nagler, and Estate of Ronald G. Armstrong, Deceased against Bel Air Mart, Gene Wong, Paul Wong and/or Lillie Fong; DISMISSING WITH PREJUDICE all c ross-claims made by Estate of John W. Burns, Deceased and Estate of Elice G. Burns, Deceased against Yolanda Panattoni, Ralph Armstrong, Robert Gern Nagler, Estate of Ronald G. Armstrong, Deceased, Han Hoi Joo, Chang Sun Joo and/or Peter Kim; ORDERIN G that the court retain jurisdiction to enforce the terms of the settlement agreement between the settling parties as to (a) Paragraph 1 of the Partial Global Settlement with the Settling Parties' Joint Motion; and (b) Paragraph 1 of the Panatto ni Settlement Agreement, attached as Exhibit B to the Declaration of Olivia M. Wright re 294 Motion for Good Faith Settlement Determination; BARRING all claims relating to the facts of this action pursuant to Section 6 of the Uniform Comparative Fa ult Act, 12 U.L.A. 147 (1996), and Section 877.6 of the California Code of Civil Procedure; DENYING 295 Request to Set a Status Conference; ORDERING the parties to meet and confer and prepare and submit by 2/28/2015, a Joint Status Report that sets forth the parties' proposed scheduling for further proceedings. (Michel, G)
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Filing
293
ORDER signed by Chief Judge Morrison C. England, Jr. on 11/18/2014 GRANTING 292 Third Joint Stipulation and Request for Extension of Time; ORDERING the parties to file their Motion for Good Faith Settlement Determination by 12/10/2014. (Michel, G)
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Filing
291
ORDER signed by Chief Judge Morrison C. England, Jr on 10/28/14 ORDERING the Joint Stipulation and Request of all Parties to Extend Deadline to File Motion for Good Faith Settlement Determination (ECF No. 290 ) is GRANTED, and the deadline by which the parties must file their Motion for Good Faith Settlement Determination is EXTENDED to November 12, 2014. (Becknal, R)
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Filing
285
ORDER signed by Chief Judge Morrison C. England, Jr on 9/19/14 GRANTING the parties' request for a mandatory settlement conferenced as proposed. See 277 284 . Therefore, all parties, their counsel and their insurers are ORDERED to attend a mandatory settlement conference on 9/24/14, before mediator Lester Levy of JAMS, in the event the parties have been unable to reach a global settlement by that date. Such parties are ORDERED to attend the settlement conference in person, with full settlement authority or be fully authorized to settle the matter on any terms. The parties are reminded that pursuant to Local Rule 160, when an action has been settled or otherwise resolved by agreement of the parties, it is the duty of counsel to immediately file a notice of settlement or resolution. (Meuleman, A)
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Filing
275
ORDER signed by Chief Judge Morrison C. England, Jr. on 9/3/2014 DISMISSING Counter Defendants Bel Air Mart, Wong Family Investors, L.P. from the 34 First Amended Counterclaim, with prejudice, re 266 Notice of Voluntary Dismissal. (Michel, G)
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Filing
262
ORDER signed by Chief Judge Morrison C. England, Jr on 8/11/2014 ORDERING Nagler's 247 Motion for Leave to File a Second Amended Counterclaim is GRANTED. Not later than 5 days following the date of this Order, Nagler must file his Second Amen ded Counterclaim. Nagler's 246 Motion for Leave to File a Third-Party Complaint is GRANTED. Not later than 5 days from the date of this Order, nagler must file his Third-Party Complaint. Should Nagler fail to file the Second Amended Counterclaim and/or Third-Party Complaint, no further leave to amend will be permitted, and Nagler's instant motion(s) will be denied with prejudice. (Waggoner, D)
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Filing
260
ORDER signed by Chief Judge Morrison C. England, Jr. on 6/24/2014 ORDERING that the deposition testimony of Melva Jo Kirby Armstrong, Han Hoi Joo, and Peter Kim, Joseph Armstrong, Craig Yamane, Lowell Baker, Mike Lawson, Patrina Serpa, Valerie Osmu n, and Mark Field and Linda Kelley on behalf of Bel Air Mart pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, (collectively, the "Deponents"), taken in the action entitled Arrowood Indemnity Company, et al. v. Bel Air M art, et al., pending in the United States District Court, Eastern District of California, Case No. 2:11-CV-00976-JAM-DAD (the "Coverage Action"), (the "Deposition Testimony") may be used for any purpose allowed under Federal Rul es of Civil Procedure 32(a) as if the deposition testimony was taken in the above entitled action (the "CERCLA Action"). The Parties have waived and may not assert any objection to the admissibility of the Deposition Testimony on the foll owing grounds: That the Party was not present or represented at the taking of the Deposition Testimony or that the Party did not have reasonable notice of the Depositions, (Fed. R. Civ. Proc. 32(a)(1)(A)); That the Party received less than 14 days& #039; notice of the Deposition and promptly moved for a protective order and such motion was pending when the Depositions were taken, (Fed. R. Civ. Proc. 32(a)(5)(A)); That the Deponent was substituted under Rule 25 of the Federal Rules of Civil Procedure, (Fed. R. Civ. Proc. 32(a)(7).) All objections to the admissibility of the Deposition Testimony, or any part thereof, not specifically waived in Paragraph 2 are reserved. (Zignago, K.)
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Filing
258
ORDER signed by Chief Judge Morrison C. England, Jr on 5/29/14: The Court's July 25, 2013 Amended Pretrial Scheduling Order 202 is VACATED. A Second Amended Pretrial Scheduling Order is forthcoming. (Kaminski, H)
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Filing
245
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 2/21/2014 DENYING IN ITS ENTIRETY WITHOUT PREJUDICE 205 Motion for Sanctions; GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE 214 Motion for Leave to file a Second Amended Counterclaim; DENYING WITHOUT PREJUDICE 215 Motion for Leave to file a Third-Party Complaint; DENYING 231 Motion to Strike. (Michel, G)
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Filing
202
AMENDED PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/13: Designation of Expert Witnesses due by 9/25/2014. Discovery due by 7/25/2014. Dispositive Motions filed by 1/22/2015. Final Pretrial Conference set for 4/2/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. Jury Trial set for 5/26/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Kaminski, H)
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Filing
198
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 6/5/2013. This case is STAYED through and including 10/31/2013 subjection to limitations set forth and in parties' 187 Joint Motion. Parties shall file a Further Joint Status Report on 11/15/2013. The 188 Joint Motion to Modify 185 Pretrial Scheduling Order is GRANTED. Court will issue an Amended Pretrial Scheduling Order resetting all appropriate dates. (Marciel, M)
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Filing
196
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 5/13/13 GRANTING request to extend deadline for plaintiffs to respond to the Counter and Cross-Claims for 14 days from 4/30/13 up to and including 5/14/13. (Meuleman, A)
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Filing
184
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/8/13 ORDERING that Defendant Nagler's response to the Cross-Claim is due on or before 4/30/13. (Manzer, C)
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Filing
183
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/27/13 ORDERING that the deadline for Defendants Arnold Cleaners, Han Hoi Joo, Chang Sun Joo and Peter Kim to respond to the Cross-Claim is EXTENDED from 2/19/13, up to and including 2/26/13. (Mena-Sanchez, L)
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Filing
173
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/13 ORDERING that the deadline for Nagler to respond to the Counterclaim is EXTENDED from 1/25/13, up to and including 4/30/2013. (Mena-Sanchez, L)
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Filing
170
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 1/22/13: The deadline for Plaintiffs to respond to the Counter and Cross-Claims is hereby extended from January 25, 2013, up to and including April 30, 2013. (Kaminski, H)
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Filing
165
STIPULATION and ORDER granting the joint stipulation allowing Plaintiffs to respond to the Counter and Cross-Claims for 28 days from December 28, 2012 up to and including January 25, 2013. Signed by Chief Judge Morrison C. England, Jr. on 12/27/2012. (Deutsch, S)
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Filing
159
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/4/12 ORDERING that the request to extend the deadline for Plaintiffs and Nagler to respond to the Counter and Cross-Claims filed by Century Indemnity Company, as successor to C CI Insurance Company, as successor to Insurance Company of North America, as alleged insurer of The Estate of Ronald G. Armstrong, Deceased, pursuant to California Probate Code section 550 et seq., is GRANTED. The deadline for Plaintiffs and Nagler to respond to the Counter and Cross-Claims is hereby extended for 28 days from 11/30/12, up to and including 12/28/12. (Becknal, R)
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Filing
156
ORDER granting joint stipulation of the parties, for Plaintiffs and Nagler to respond to the Counter and Cross-Claims filed by Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America, as al leged insurer of The Estate of Ronald G. Armstrong, Deceased, pursuant to California Probate Code section 550 et seq., is GRANTED. The deadline for Plaintiffs and Nagler to respond to the Counter and Cross-Claims is hereby extended for 28 days from November 30, 2012, up to and including December 28, 2012. Signed by Chief Judge Morrison C. England, Jr. on 11/30/2012. (Deutsch, S)
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Filing
143
ORDER signed by Judge Morrison C. England, Jr. on 6/4/2012 ORDERING that the motion for a limited stay is GRANTED; the Court finds that a limited stay of the litigation through and including 10/31/2012, is JUSTIFIED and appropriate; this action is im mediately STAYED through and including 10/31/2012, subject to the terms and exceptions; a further joint status report from the parties is due on 11/14/2012, two weeks following the expiration of the Stay Period provided by this Order; all other litigation proceedings not specifically herein excepted are stayed through and including 10/31/2012.(Reader, L)
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Filing
135
ORDER signed by Judge Morrison C. England, Jr. on 5/24/2012 GRANTING 130 Ex Parte Application shortening time to serve filed by R. Gern Nagler; Motion Hearing set for 5/31/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.; any Opposition to motion shall be filed by 5/25/2012; and the moving parties shall file their reply by 5/29/2012. (Reader, L)
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Filing
131
ORDER signed by Judge Morrison C. England, Jr on 5/18/12 GRANTING 129 Motion to Shorten Time; Motion Hearing set for 5/31/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Opposition due by 5/23/2012. Replies due by 5/29/2012. (Manzer, C)
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Filing
125
AMENDED ORDER signed by Judge Morrison C. England, Jr on 3/27/12. IT IS ORDERED that Nagler Counterclaimants' Motion for Enlargement of Time to Serve is GRANTED. The Nagler counterclaimants shall have an additional 120 days from 1/30/12, within which to serve counterdefendants Estate of James A. Parrish, deceased; Claudine Babin-Armstrong; The Estate of Margaret Carrington, deceased; The Estate of George W. Carrington, deceased; and The Estate of Ronald G. Armstrong, deceased.(Mena-Sanchez, L)
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Filing
102
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/06/11 ORDERING that this action is immediately STAYED through and including January 31, 2012. (Becknal, R)
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Filing
94
NON RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 6/28/11. The court has received the Notice of Potentially Related Cases concerning the cases filed April 11, 2011. See Local Rule 123, E.D. Cal. (1997). The court has determined, howe ver, that it is inappropriate to relate or reassign the cases, and therefore declines to do so. This order is issued for informational purposes only, and shall have no effect on the status of the cases, including any previous Related (or Non-Related) Case Order of this court. (Meuleman, A)
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Filing
70
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/6/11: The applicable due date for response to Plaintiffs' First Amended Complaint and to the First Amended Counterclaim of Nagler Counterclaimants is hereby extended to and including May 9, 2011. (Kaminski, H)
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Filing
68
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/5/11 ORDERING pltfs' deadline to respond to Armstrong's first amended complaint is EXTENDED from 3/30/11 to and including 8/30/11. (Carlos, K)
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Filing
67
STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 3/29/2011 ORDERING that Dft shall have until 4/15/2011 to respond to the First Amended Complaint. (Zignago, K.)
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Filing
61
STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 03/03/11 ORDERING that dft Yolnda M. Panatonni has until 03/25/11 to respond to the First Amended Complaint. (Benson, A.)
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Filing
59
STIPULATION and ORDER 54 to extend time signed by Judge Morrison C. England, Jr. on 2/28/2011. Plaintiffs' deadline to respond to Armstrong's First Amended Counterclaim is EXTENDED to 3/30/2011. (Marciel, M)
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Filing
58
STIPULATION and ORDER 52 for extension of time signed by Judge Morrison C. England, Jr. on 2/25/2011. The Estate of Ronald G. Armstrong has up to and including 3/25/2011 to file responsive pleading to First Amended Complaint. (Marciel, M)
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Filing
48
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 2/10/11 re 44 ORDERING that dft Yolanda M. Panatonni shall have additional time, from February 4, 2011 up to and including February 25, 2011, within which to respond to the First Amended Complaint.(Duong, D)
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Filing
35
ORDER signed by Judge Morrison C. England, Jr on 1/25/11 GRANTING 28 Motion for Extension; The plaintiffs shall have an additional 120 days from 1/3/11 to serve Defendants Estate of James A. Parrish, Deceased; Claudine Babin-Armstrong; Margaret Car rington (individually and dba Arnold Palmer Cleaning Center and Arnold Palmer Cleaners); The Estate of George W. Carrington, Deceased; The Estate of Adon V. Panattoni, Deceased; The Estate of John W. Burns, Deceased; The Estate of Elice G. Burns, Deceased; and The Estate of Ronald G. Armstrong, Deceased. After 120 days, Plaintiffs are to file a status report regarding their progress towards effectuating service. (Matson, R)
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