Opinion
Case No.: 1:11-CV-01257-AWI-BAM
08-16-2012
VIOLA COPPOLA, GARY COPPOLA, and THE TRUST OF ANTHONY M. COPPOLA; Plaintiffs, v. GREGORY SMITH, an individual; RICHARD LASTER, an individual; and THE JANE HIGGINS NASH TRUST; JANE NASH AS EXECUTOR OF THE ESTATE OF DECATUR HIGGINS, HARLEY MILLER, an individual; CHERYL MILLER, an individual; MARTIN AND MARTIN PROPERTIES, BENART MAIN STREET PROPERTIES, CAL WATER SERVICE COMPANY, the CITY OF VISALIA and DOES 7-20, inclusive; Defendants. RELATED CROSS AND COUNTER-CLAIMS
GREBEN & ASSOCIATES Jan A. Greben Jeff Coyner Attorneys for Plaintiffs VIOLA COPPOLA, GARY COPPOLA, and the TRUST OF ANTHONY M. COPPOLA GUALCO LAW Lori J. Gualco Attorneys for Defendants RICHARD LASTER and GREGORY SMITH WILLIAMS, JORDAN, BRODERSEN & PRITCHETT LLP Steven R. Williams Attorneys for Defendant JANE NASH, as TRUSTEE OF THE JANE HIGGINS NASH TRUST GLASER, WEIL, FINK, JACOBS, HOWARD, AVCHEN & SHAPIRO LLP Gregory R. McClintock Noah P. Perch-Ahern Attorneys for Defendant CALIFORNIA WATER SERVICE COMPANY DOOLEY, HERR, PELTZER & RICHARDSON Leonard C. Herr Attorneys for Defendant CITY OF VISALIA CHIELPEGIAN LAW OFFICES Mark E. Chielpegian Attorneys for Defendant BENART MAIN STREET PROPERTIES
GREBEN & ASSOCIATES
Jan A. Greben, SBN 103464
Jeff Coyner, SBN 233499
Attorneys for Plaintiffs VIOLA COPPOLA, GARY COPPOLA,
and THE TRUST OF ANTHONY M. COPPOLA
STIPULATION AND ORDER
REGARDING FILING OF THIRD
AMENDED COMPLAINT
IT IS HEREBY STIPULATED by and between all parties, other than Martin and Martin Properties ("Martin"), that Plaintiffs shall be allowed to file a Third Amended Complaint. Martin has entered into a separate stipulation on file with the Court extending its response date to September 10, 2012, and has advised it does not oppose this Stipulation. The Third Amended Complaint will contain the following revisions:
• Paragraph 36 would be revised to the following: "CWS 02-03 was abandoned in 2005. Before it was abandoned, CWS 02-03 contained concentrations of PCE above the Method Detection Limit."
• Paragraph 64 would be revised to allege Health and Safety Code § 25363(e) instead of the current 26363(e).
• Plaintiffs would dismiss the Negligence claim against the City of Visalia ("City"). This claim remains alleged against all other parties.
The Third Amended Complaint shall be filed by August 22, 2012. Defendants shall have up to and including September 12, 2012 to respond to the Third Amended Complaint.
The City has a pending Motion to Dismiss Plaintiffs' claim for HSAA, calendared for hearing on September 24, 2012. This hearing will remain as calendared as the allegations in the proposed Third Amended Complaint remain unchanged as to that claim.
GREBEN & ASSOCIATES
_________________
Jan A. Greben
Jeff Coyner
Attorneys for Plaintiffs VIOLA COPPOLA,
GARY COPPOLA, and the TRUST OF
ANTHONY M. COPPOLA
GUALCO LAW
_________________
Lori J. Gualco
Attorneys for Defendants RICHARD
LASTER and GREGORY SMITH
WILLIAMS, JORDAN, BRODERSEN &
PRITCHETT LLP
_________________
Steven R. Williams
Attorneys for Defendant JANE NASH, as
TRUSTEE OF THE JANE HIGGINS NASH TRUST
GLASER, WEIL, FINK, JACOBS, HOWARD,
AVCHEN & SHAPIRO LLP
_________________
Gregory R. McClintock
Noah P. Perch-Ahern
Attorneys for Defendant CALIFORNIA
WATER SERVICE COMPANY
DOOLEY, HERR, PELTZER & RICHARDSON
_________________
Leonard C. Herr
Attorneys for Defendant CITY OF VISALIA
CHIELPEGIAN LAW OFFICES
_________________
Mark E. Chielpegian
Attorneys for Defendant BENART MAIN
STREET PROPERTIES
ORDER
Based on the Stipulation of the Parties, IT IS HEREBY ORDERED that Plaintiffs' shall have up to and including August 22, 2012 to file a Third Amended Complaint. Defendants shall have up to and including September 12, 2012 to respond to the Third Amended Complaint. IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE