Opinion
Case No. CV98-10690-AHM (Ex) JAMS Reference #1220025424 REPORT # 90
09-22-2011
REV 973, LLC, a California limited liability company, Plaintiff, v. JOHN MOUREN-LAURENS, an individual; et al., Defendant.
G. KEITH WISOT
Judge of the Superior Court (Ret.)
JAMS
Special Master
AND ALL RELATED COUNTERCLAIMS,
CROSS-CLAIMS AND THIRD PARTY
CLAIMS.
REPORT AND RECOMMENDATION OF SPECIAL MASTER
CONFIRMING CONFERENCE OF
SEPTEMBER 12, 2011
and
ORDER
"Order"), for a regularly scheduled telephonic conference held on September 12, 2011, as follows:
Parties in attendance
Franklin R. Fraley, Jr., Esq.
of Fraley & Associates
for Jerrold L. Fine, Revere Financial Corporation, and Rev 973, LLC
Tom E. Maciejewski, Esq.
of Michel & Associates, P.C.
for John Mouren-Laurens, Mireille Mouren-Laurens, and Mouren-Laurens Oil Co., Inc.
Eric P. Francisconi, Esq.
of Barnes Crosby Fitzgerald & Zeman LLP
for Roy Leach, Patricia Leach, Leach Oil Company Inc., and Leach Property Management
Eric M. Nakasu, Esq.
of Artiano & Associates
for Estate of Joseph Mouren-Laurens, Sr.
Alan Johnston, Esq.
of The Law Offices of Timothy C. Cronin
for the Administrator of the Estate of Emma Mouren-Laurens
The special master confirmed receipt of only the agenda for the telephone conference.
I. Extension of Deadlines to Identify, Serve or Join PRP parties
Issue: All parties reported a Stipulation has been submitted to Judge Matz, and corresponding Order signed by him to temporarily suspend joining PRPs until March 12, 2012, based on the following: (1) the mediator, Judge Richard Dana, suggested other tasks listed below be accomplished; (2) the Regional Water Board confirms any approved settlement would be dependent upon a revised ranking of PRPs, further characterization of the site, and a remediation plan. The next mediation is scheduled for January 12, 2012.
Recommendation: none.
II. Rev 973 Motion for Sanctions against the MLOC defendants
Issue: The deadline for filing this motion is September 15, 2011. All parties report they are highly involved in the tasks requested by the mediator and the Regional Water Board, and the motion parties request this matter be continued until after March 12, 2012 to attend to the matters of higher priority. Further, this matter may be resolved by the parties' meet-and-confer after March 12.
Recommendation: This motion should be renoticed after March 12, 2012, if still unresolved.
III. Deposition log
Issue: The parties' moratorium on depositions remains in effect. No individual depositions have been scheduled.
Recommendation: The Special Master recommends the moratorium remain in effect.
IV. Next status conference
All parties and the Special master agreed to schedule a next telephonic conference for 12:30pm on October 25, 2011. If no agenda items are identified, the call may be cancelled and rescheduled.
IT IS SO RECOMMENDED.
G. Keith Wisot
Judge of the Superior Court (Ret.)
Special Master
ORDER
The foregoing Report and Recommendation #90, Confirming Conference of September 12, 2011, is adopted as an Order of the court, with the following modifications: No modifications.
IT IS SO ORDERED.
Hon. A. Howard Matz
United States District Judge