Opinion
KAMALA D. HARRIS, Attorney General of California, SARAH E. MORRISON, Supervising Deputy Attorney General, LAURA ZUCKERMAN, (Counsel for service) DENNIS L. BECK, JR., Deputy Attorneys General, Oakland, CA, Attorneys for Plaintiffs California Department of Toxic Substances Control and Toxic Substances Control Account.
KING WILLIAMS & GLEASON, LLP, NICOLE R. GLEASON, Attorneys for Defendant Jim Dobbas, Inc.
STIPULATION BY PLAINTIFFS AND DEFENDANT JIM DOBBAS, INC., REGARDING SETTLEMENT IN PRINCIPLE AND CONTINUATION OF HEARING ON JIM DOBBAS, INC.'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 (ECF No. 1), and filed a First Amended Complaint ("FAC") on December 11, 2014 (ECF No. 77).
WHEREAS Defendant Jim Dobbas, Inc. ("Dobbas") filed an Answer to the Complaint on June 10, 2014 (ECF No. 23), and an Answer to the FAC on December 24, 2014 (ECF No. 85).
WHEREAS Dobbas filed a Motion for Summary Judgment ("Motion") on March 2, 2015 (ECF No. 116) and a hearing on that Motion is set for April 6, 2015.
WHEREAS Plaintiffs and Dobbas (collectively, "the Parties") have engaged in settlement negotiations and reached a settlement in principle. The Parties believe that a continuance of the hearing on Dobbas' Motion is appropriate and necessary in order to allow the Parties time to further negotiate and finalize the terms of a settlement. Such continuance will conserve both the Parties' and the Court's resources in this matter.
IT IS HEREBY STIPULATED by and between the Parties that the hearing on Dobbas' Motion be continued for four (4) weeks, to May 4, 2015, to allow the Parties time to further negotiate and finalize a settlement in this matter.
ORDER
The court cannot continue the hearing on this motion for the length of time requested. The motion remains scheduled for hearing at 2:00 p.m. on April 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the parties do not wish to submit the motion for decision at that time, they may alternatively agree that the motion be withdrawn, without prejudice to being refiled at a later date consistent with the court's Pretrial Scheduling Order.