Opinion
Lester O. Brown, Thomas M. McMahon, PERKINS COIE LLP, Los Angeles, CA, Attorneys for Defendant, West Coast Wood Preserving, LLC.
KAMALA D. HARRIS, Attorney General of California, SARAH E. MORRISON, Supervising Deputy Attorney General, Dennis L. Beck, Jr., Department of Toxic Substances Control and Toxic Substances Control Account, Attorneys for Plaintiffs California.
STIPULATION BY DEFENDANT WEST COAST WOOD PRESERVING, LLC AND PLAINTIFFS CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL AND THE TOXIC SUBSTANCES CONTROL ACCOUNT REGARDING SETTLEMENT IN PRINCIPLE AND CONTINUATION OF WEST COAST WOOD PRESERVING'S MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER
WILLIAM B. SHUBB, District Judge.
STIPULATION
WHEREAS Plaintiffs California Department of Toxic Substances Control and the Toxic Substances Control Account (collectively "Plaintiffs") filed a Complaint in the above-captioned action on March 3, 2014, and filed a First Amended Complaint ("FAC") on December 11, 2014;
WHEREAS Defendant West Coast Wood Preserving, LLC ("WCWP") filed an Answer to the Complaint on June 10, 2014, and an Answer to the FAC on January 5, 2015;
WHEREAS WCWP filed a Motion for Summary Judgment ("Motion") on December 15, 2014;
WHEREAS Plaintiffs filed an Opposition to the Motion on February 20, 2015;
WHEREAS Plaintiffs and WCWP participated in a confidential mediation on March 3, 2015;
WHEREAS Plaintiffs and WCWP reached a settlement in principle at the mediation pending the completion of a written settlement agreement and the completion of the required governmental procedures and Court approval for such a settlement;
WHEREAS the Court has set the hearing for WCWP's Motion on April 6, 2015;
IT IS HEREBY STIPULATED by and between Plaintiffs and WCWP that:
1. WCWP's Motion be taken off calendar for April 6, 2015, and continued until ten days after this Court holds a hearing on a Motion to Approve the [Proposed] Consent Decree Between Plaintiffs and Defendant WCWP ("Motion to Approve the Consent Decree"), which will be filed with the Court;
2. Plaintiffs and WCWP request that the Court set a hearing date of July 13, 2015, at 2:00 p.m. for a hearing on the Motion to Approve the Consent Decree. Should the public comment period required under 42 U.S.C. section 9622(d)(2)(B) run longer than anticipated, the parties further stipulate that a request may be made for a continuance of the hearing on the Motion to Approve the Consent Decree.
IT IS SO ORDERED. The Motion to Approve the Consent Decree shall be heard on July 13, 2015 at 2:00 p.m. Defendant West Coast Wood Preserving, LLC's Motion for Summary Judgment is continued to July 27, 2015 at 2:00 p.m.