California Department of Toxic Substances Control et al v. Jim Dobbas, Inc. et al
| California Department of Toxic Substances Control and Toxic Substances Control Account |
| Jim Dobbas, Inc., Continental Rail, Inc., David Van Over, Pacific Wood Preserving and West Coast Wood Preserving, LLC |
| 2:2014cv00595 |
| March 3, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Edmund F. Brennan |
| William B. Shubb |
| Environmental Matters |
| 42 U.S.C. ยง 9607 |
| None |
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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
286
MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 731/2023 ORDERING that DTSC's 279 Motion to Dismiss and Motion to Strike are GRANTED IN PART. Intervenors' counterclaims are DISMISSED. Intervenor's seventh affirmativ e defense for contributory and comparative negligence is hereby STRICKEN. DTSC's Motion to Strike Intervenors' jury demand is DENIED. Intervenors have twenty days from the date of this Order is signed to file amended counterclaims, if they can do so consistent with this Order. (Mena-Sanchez, L)
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Filing
283
ORDER signed by Senior Judge William B. Shubb on 05/24/23 VACTING the hearing set to 06/12/23 and RESETTING the Motions hearing to 07/24/23 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Licea Chavez, V)
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Filing
280
JOINT SCHEDULING ORDER signed by Senior Judge William B. Shubb on 5/7/23 ORDERING the following schedule: Close of Fact Discovery: 6/21/24; Disclosure of Expert Witnesses: 6/28/24; Disclosure of Rebuttal Experts: 7/30/24; Close of Expert Discovery: 9/6/24; Dispositive Motion Cutoff: 10/31/24. Pretrial Conference SET for 12/16/2024 at 01:30 PM and Trial SET for 1/22/2025 at 09:00 AM, in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)
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Filing
276
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/06/23 EXTENDING the time to file any motion to strike regarding Intervenors' Answer-in-Intervention to 5/3/2023.(Licea Chavez, V)
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Filing
270
ORDER signed by Senior Judge William B. Shubb on 2/16/2023 GRANTING 196 , 205 , 217 , 222 that the insurers' motions to set aside the default of Collins & Aikman Products, LLC.(Reader, L)
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Filing
266
ORDER signed by Senior Judge William B. Shubb on 2/13/23 ALLOWING The Travelers Indemnity Company to Intervene. (Kastilahn, A)
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Filing
255
ORDER signed by Senior Judge William B. Shubb on 02/25/20 STAYING case; VACATING 03/02/20 status conference. (Benson, A.)
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Filing
237
ORDER signed by Senior Judge William B. Shubb on 12/3/2019 DENYING the motions to intervene and vacate default filed Continental (Docket No. 205 ), Century(Docket No. 217 ), and Allianz (Docket No. 222 ). (Becknal, R)
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Filing
221
ORDER signed by Senior Judge William B. Shubb on 10/22/2019 DENYING 196 Traveler's Motion to Intervene. (Kirksey Smith, K)
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Filing
213
STIPULATION and ORDER for continuance 210 signed by Senior Judge William B. Shubb on 10/4/2019 resetting 205 The Continental Insurance Company's Motion to Intervene and to Set Aside Default for 12/2/2019 at 01:30 PM in Courtroom 5 (WBS) befo re Senior Judge William B. Shubb. *Because the Travelers Indemnity Company does not join in the stipulation to continue the hearing, the hearing on its motion to intervene and vacate the default remains set for 10/21/2019. (Kirksey Smith, K) *Modified on 10/4/2019 (Kirksey Smith, K).
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Filing
208
ORDER RELATING CASES signed by Senior Judge William B. Shubb on 9/25/2019 ORDERING that cases 2:14-cv-0595 WBS EFB and 2:19-cv-1892 KJM AC are RELATED. Case No. 2:19-cv-1892, is reassigned to District Judge William B. Shubb and Magistrate Judge Edmund F. Brennan. (Becknal, R)
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Filing
182
CONSENT DECREE between Plaintiffs and Defendant David Van Over, signed by Senior Judge William B. Shubb on 3/27/18. (Kastilahn, A)
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Filing
181
MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 3/20/2018 ORDERING that plaintiffs' 177 Motion for Judicial Approval of the Consent Decree between plaintiffs and Van Over is GRANTED; all claims for contribution against Van Over arising out of response costs incurred at the Site are, DISMISSED pursuant to 42 U.S.C. § 9613(f)(2). CASE CLOSED (Becknal, R)
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Filing
175
STIPULATION and ORDER for continuance of pretrial dates 174 signed by Senior Judge William B. Shubb on 12/27/2017 resetting the Pretrial Conference date for 4/9/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Bench Trial is reset for 6/5/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
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Filing
172
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/31/2017 ORDERING the Final Pretrial Conference CONTINUED to 1/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and the Bench Trial CONTINUED to 3/13/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)
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Filing
170
ORDER signed by Senior Judge William B. Shubb on 7/6/17, ORDERING that 156 Motion for Partial Summary Judgment is GRANTED as follows: (1) Defendant Van Over is jointly and severally liable for costs plaintiffs incurred and may incur in the future in responding to the release and threatened release of hazardous chemicals at the Elmira site, to the extent recovery of such costs is authorized under CERCLA. (2) The amount of past response costs plaintiffs are authorized to recover under CERCLA is yet to be determined. (Kastilahn, A)
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Filing
166
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 06/08/17 ORDERING that the following dates are RESET re 156 Motion for Partial Summary Judgment: Van Over Opposition due 06/16/17; reply due 06/26/17; and Motion Hearing is RESET for 7/10/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A)
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Filing
155
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/16/16 ORDERING that the Motion filing deadline is EXTENDED to 5/5/2017, the Final Pretrial Conference is EXTENDED to 7/17/2017 at 01:30 PM, and the Trial is EXTENDED to 9/12/2017 at 09:00 AM. (Kastilahn, A)
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Filing
153
STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 1/19/2016 ORDERING that fact discovery be completed by 8/3/2016; ORDERING that expert reports be due on 8/31/2016; ORDERING that expert discovery be completed by 10/31/2016; ORDERING th at motions be filed by 1/6/2017; CONTINUING the Final Pretrial Conference to 3/13/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Trial to 5/9/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G.)
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Filing
151
ORDER signed by Senior Judge William B. Shubb on 11/17/15 ORDERING that, pursuant to the 150 Consent Decree, that Jim Dobbas, Inc.'s 23 , 25 counterclaims against plaintiffs are DISMISSED. (Benson, A)
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Filing
149
ORDER signed by Senior Judge William B. Shubb on 11/13/15 ORDERING that granting 146 Motion for Approval of the Consent Decree between plaintiffs and Jim Dobbas, Inc. is GRANTED; all claims for contribution or indemnit against Jim Dobbas, Inc. arising out of response costs incurred at the Elmira Site are DISMISSED pursuant to 42 U.S.C. § 9613(f)(2). (Benson, A)
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Filing
141
CONSENT DECREE between plaintiffs and defendant West Coast Wood Preserving, LLC signed by Senior Judge William B. Shubb on 9/15/15. (Kaminski, H)
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Filing
139
MEMORANDUM AND ORDER RE: MOTION FOR ORDER APPROVING CONSENT DECREE signed by Senior Judge William B. Shubb on 8/24/15 ORDERING that plaintiffs' motion for approval of the Consent Decree be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that all claims for contribution or indemnity against West Coast Wood Preserving, LLC arising out of response costs incurred at the Elmira Site be, and the same hereby are, DISMISSED pursuant to 42 U.S.C. § 9613(f)(2). (Becknal, R) R)
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Filing
134
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/9/15. Hearing set for Motion to Approve the Consent Decree on 8/24/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The 7/27/15 hearing on the Motion for Summary Judgment is VACATED. (Manzer, C)
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Filing
125
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/20/2015. ORDERING defendant Jim Dobbas' 116 Motion for Summary Judgment WITHDRAWN WITHOUT PREJUDICE to being refiled at a later date consistent with the Court's Pretrial Scheduling Order. The 4/6/2015 motion hearing date before Judge Shubb is VACATED. (Shaddox-Waldrop, A)
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Filing
123
STIPULATION and ORDER 122 signed by Senior Judge William B. Shubb on 3/19/2015 DENYING request to continue Dobbas' Motion for Summary Judgment: The court cannot continue the hearing on this motion for the length of time requested. The mot ion remains scheduled for hearing at 2:00 p.m. on 4/6/2015. If the parties do not wish to submit the motion for decision at that time, they may alternatively agree that the motion be withdrawn, without prejudice to being refiled at a later date consistent with the court's Pretrial Scheduling Order. (Kirksey Smith, K)
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Filing
121
STIPULATION and ORDER 79 signed by Senior Judge William B. Shubb on 3/6/2015 resetting Defendant West Coast Wood Preserving, LLC's Motion for Summary Judgment on 7/27/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Court further sets a hearing date on the Motion to Approve the Consent Decree for 7/13/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
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Filing
119
ORDER signed by Senior Judge William B. Shubb on 3/3/2015 GRANTING 117 Defendant Jim Dobbas' Request to Continue Motion Hearing : Good cause appearing, IT IS HEREBY ORDERED that the hearing on 79 Defendant West Coast Wood Preserving, LLC's motion for summary judgment currently scheduled for 3/9/2015, be, and the same hereby is, CONTINUED to 4/6/2015, at 2:00 p.m. in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
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Filing
99
ORDER signed by Senior Judge William B. Shubb on 2/3/2015 ORDERING that Defendant Jim Dobbas, Inc.'s 87 motion for leave to file a First Amendment Cross-Claim is GRANTED. Defendant West Coast Wood Preserving's 90 motion for leave to file an amended Answer including new cross-claims is GRANTED. Defendant David van Over's 94 motion for leave to file a First Amendment Cross-Claim is GRANTED. (Zignago, K.)
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Filing
97
STIPULATION and ORDER 95 signed by Senior Judge William B. Shubb on 1/23/2015 continuing 79 Defendant West Coast Wood Preserving, LLC's Motion for Summary Judgment to 3/9/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. All opposition papers to the motion shall be filed and served (via CM/ECF or mail) by 2/20/2015. Any reply papers shall be filed and served (via CM/ECF or mail) by 2/27/2015. (Kirksey Smith, K)
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Filing
88
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/31/14 ORDERING that the hearing on the MOTION for SUMMARY JUDGMENT 79 is CONTINUED to 2/9/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. All oppositions must be filed and served by 1/23/2015, and any reply must be filed and served by 1/30/2015. (Kastilahn, A)
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Filing
84
ORDER signed by Senior Judge William B. Shubb on 12/17/14: The Clerk of the Court shall remove Docket Number 79-3, and replace it with the corrected version, a copy of which is attached to this Order. (Kaminski, H)
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Filing
75
ORDER signed by Senior Judge William B. Shubb on 12/10/2014 GRANTING 68 Plaintiffs' Motion for leave to file a First Amended Complaint. (Kirksey Smith, K)
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Filing
62
ORDER signed by Senior Judge William B. Shubb on 10/16/2014 GRANTING 27 Plaintiffs' motion to strike the jury demand of defendant David van Over, GRANTING 27 Plaintiffs' motion to strike the prayer for attorney's fees of defendant David van Over and DENYING 27 Plaintiffs' motion to strike David van Over affirmative defenses with respect to the ninth, tenth, and thirty-four affirmative defenses and GRANTED in all other aspects. David Van Over has 20 days from the date of this order to file an amended answer and counterclaim consistent with this order. (Donati, J)
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Filing
61
ORDER granting 55 EX PARTE APPLICATION for permission to file and receive documents electronically signed by Senior Judge William B. Shubb on 10/14/14. (Kaminski, H)
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Filing
43
ORDER signed by Senior Judge William B. Shubb on 9/16/14 DENYING 27 Motion to Dismiss and GRANTING in part and DENYING in part 27 Motion to Strike. Jim Dobbas, Inc. has 20 days to file an amended answer if it can do so consistent with this order. (Manzer, C)
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Filing
36
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/20/14 ORDERING that WCWP's demand for a jury trial and prayer for attorney's fees are stricken from WCWP's Answer to Plaintiffs' Complaint; WCWP's Fifth ( Laches), Tenth (Minimal Contribution), Eleventh (Waiver), and Twelfth (Failure to Mitigate) Affirmative Defenses are stricken from WCWP's Answer to Plaintiffs' Complaint; and If WCWP is found to be liable to Plaintiffs in this case, nothing in this stipulation shall affect WCWP's rights under 42 U.S.C. section 9613(f)(1) with respect to the Court's allocation of response costs in resolving contribution claims among liable persons. This stipulation does not resolve the portions of the Motion that concern the counterclaim and answer of Defendant Jim Dobbas, Inc. and the answer of Defendant David Van Over. Therefore, the Motion remains set for hearing at the above date and time. (Becknal, R)
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Filing
34
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/8/14 re 27 Motion to Dismiss/Motion to Strike : Motion Hearing reset for 9/8/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Manzer, C)
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