Notice FiledCal. Super. - 5th Dist.May 19, 2021Doc # LA/19620192v1 1 DEFENDANT SHELL OIL COMPANY’S NOTICE OF STIPULATION TO COORDINATE ACTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jay E. Smith (SBN 162832) jsmith@steptoe.com Nicole A. Harrison (SBN 287659) nharrison@steptoe.com STEPTOE & JOHNSON LLP 633 West 5th Street, 19th Floor Los Angeles, California 90071-3500 Telephone: (213) 439-9400 Facsimile: (213) 439-9599 Attorneys for Defendant SHELL OIL COMPANY dba “SHELL CHEMICAL COMPANY” SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO SELMA UNIFIED SCHOOL DISTRICT, Plaintiff, vs. THE DOW CHEMICAL COMPANY; SHELL OIL COMPANY, also doing business as SHELL CHEMICAL COMPANY; and DOES 1 through 300, INCLUSIVE, Defendants. CASE NO. 21CECG01434 DEFENDANT SHELL OIL COMPANY’S NOTICE OF STIPULATION TO COORDINATE ACTION Complaint Filed: May 19, 2021 E-FILED 7/27/2021 6:38 PM Superior Court of California County of Fresno By: Estela Alvarado, Deputy Doc # LA/19620192v1 2 DEFENDANT SHELL OIL COMPANY’S NOTICE OF STIPULATION TO COORDINATE ACTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, as reflected in attached “Exhibit A”, all parties to the above-referenced action have stipulated to have the action added on to Judicial Council Coordination Proceeding (“JCCP”) 4435 - “Coordinated TCP Cases” - which is pending before the Honorable Donald R. Alvarez of the San Bernardino County Superior Court. Pursuant to this Stipulation, the parties will be filing a Petition seeking to have Judge Alvarez add this matter on to JCCP 4435. DATED: July 6, 2021 STEPTOE & JOHNSON LLP By: Jay E. Smith Nicole A. Harrison Attorneys for Defendant, SHELL OIL COMPANY EXHIBIT A 1 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jay E. Smith (SBN 162832) jsmith@steptoe.com Nicole A. Harrison (SBN 287659) nharrison@steptoe.com STEPTOE & JOHNSON LLP 633 West 5th Street, 19th Floor Los Angeles, California 90071-3500 Telephone: (213) 439-9400 Facsimile: (213) 439-9599 Attorneys for Defendant SHELL OIL COMPANY, dba “SHELL CHEMICAL COMPANY” SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO Coordination Proceeding Special Title (Rule 1550(b)) JUDICIAL COUNCIL COORDINATION PROCEEDING SS4435 - TCP CASES ______________________________________ THIS APPLIES TO ALL INCLUDED ACTIONS WITHIN JUDICIAL COUNCIL COORDINATION PROCEEDING 4435 CASE NO. JCCPSS 4435 / SCVSS120627 JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4435 Hon. Donald R. Alvarez - Dept. S-23 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Selma Unified School District v. The Dow Chemical Company, et al., Fresno Superior Court Case No. 21CECG01434 NO HEARING REQUIRED 66730578 Jun 30 2021 04:26PM 2 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Shell Oil Company has indicated that it will file a Petition seeking to have Selma Unified School District v. The Dow Chemical Company, et al., Fresno Superior Court Case No. 21CECG01434, now pending in the Fresno Superior Court (the “Action”), added on to Judicial Council Coordination Proceeding 4435 - “Coordinated TCP Cases.” The undersigned parties hereby agree that the standards specified in Code of Civil Procedure (“C.C.P.”) section 404.4 and California Rules of Court, Rule 3.544 have been met and that the coordination petition should be granted, because coordinating this Action: will be more convenient to the parties as the defendants in this Action are also defendants in previously-coordinated actions; will be more convenient to counsel for both the plaintiff and the defendants in this Action as they are also representing clients in the previously-coordinated actions; will lead to the efficient utilization of judicial facilities and the Court’s calendar as this Action contains similar causes of action as other previously-coordinated actions and also concerns the alleged contamination of groundwater and/or well water by 1,2,3- trichloropropane; and will avoid the disadvantages of duplicative and inconsistent rulings, orders, or judgments. Accordingly, the undersigned parties hereby stipulate and request that the Court add the Action as an included action in Judicial Council Coordination Proceeding No. 4435 - Coordinated TCP Cases. By agreeing to this Stipulation, the parties are not waiving any argument they have regarding the proper or appropriate trial venue for this Action. Defendants’ responses to the Complaint in the Action shall be filed and served thirty (30) days after service of the Notice of Entry of the Order on this Stipulation. However, the parties may agree in writing to extend further this filing deadline for up to an additional thirty (30) days without further order of the Court. With respect to any demurrers and motions to strike defendants may file in this Action, defendants shall combine all such demurrers and motions to strike based on essentially the same grounds through joinder or otherwise, so that the plaintiff in this Action need respond only once to a given issue. Plaintiff in this Action shall file its opposition to any demurrers and/or motions to strike directed at the Complaint at least nine (9) 3 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court days before the hearing pursuant to the provisions of C.C.P. section 1005. All reply papers shall be filed at least five (5) court days before such hearing pursuant to C.C.P. section 1005. IT IS SO STIPULATED AND AGREED. Dated: June __, 2021 SL ENVIRONMENTAL LAW GROUP, PC By: KENNETH A. SANSONE SETH D. MANSERGH Attorneys for Plaintiff, SELMA UNIFIED SCHOOL DISTRICT Dated: June __, 2021 KING & SPALDING LLP By: ________________________________ NICHOLAS D. KAYHAN BAILEY J. LANGNER ALESSANDRA M. GIVENS Attorneys for Defendant, THE DOW CHEMICAL COMPANY 29 I~ L,Jv--__ [signed on behalf of with permission] 3 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court days before the hearing pursuant to the provisions of C.C.P. section 1005. All reply papers shall be filed at least five (5) court days before such hearing pursuant to C.C.P. section 1005. IT IS SO STIPULATED AND AGREED. Dated: June __, 2021 SL ENVIRONMENTAL LAW GROUP, PC By: KENNETH A. SANSONE SETH D. MANSERGH Attorneys for Plaintiff, SELMA UNIFIED SCHOOL DISTRICT Dated: June 29, 2021 KING & SPALDING LLP By: ________________________________ NICHOLAS D. KAYHAN BAILEY J. LANGNER ALESSANDRA M. GIVENS Attorneys for Defendant, THE DOW CHEMICAL COMPANY 4 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June __, 2021 STEPTOE & JOHNSON LLP By: JAY E. SMITH NICOLE A. HARRISON Attorneys for Defendant, SHELL OIL COMPANY, dba “SHELL CHEMICAL COMPANY” IT IS SO ORDERED. Dated: HONORABLE DONALD ALVAREZ Coordination Trial Judge 29 { ' 5 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. 1013a(3)/ Rules of Court, Rule 2060 I am a resident of, or employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address is: Steptoe & Johnson LLP, 633 West Fifth Street, Suite 1900, Los Angeles, California 90071. On June 30, 2021, I served the following listed document(s), by method indicated below, on the parties in this action: STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING SERVICE LIST MAINTAINED BY FILE&SERVEXPRESS BY U.S. MAIL (Judicial Council only) By placing the original / a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing at Steptoe & Johnson LLP, Los Angeles, California 90071., following ordinary business practices. I am readily familiar with Steptoe & Johnson LLP’s practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. BY ELECTRONIC SERVICE (via electronic filing service provider) By electronically transmitting the document(s) listed above to File & ServeXpress, an electronic filing service provider, at www.fileandservexpress.com pursuant to the Court’s June 1, 2007 CMO #3 Order mandating electronic service. See Cal. R. Ct. R. 2053, 2055, 2060. The transmission was reported as complete and without error. BY OVERNIGHT DELIVERY By delivering the document(s) listed above in a sealed envelope(s) or package(s) designated by the express service carrier, with delivery fees paid or provided for, addressed as per the attached service list, to a facility regularly maintained by the express service carrier or to an authorized courier or driver authorized by the express service carrier to receive documents. BY ELECTRONIC SERVICE (to individual persons) By electronically transmitting the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list from the email address _________@steptoe.com at approximately _______. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.260. BY PERSONAL SERVICE By personally delivering and handing the document(s) listed above to the person(s) identified on the attached service list. By personally delivering the document(s) listed above to the office address(es) as shown on the attached service list and leaving said document(s) with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office(s). BY FACSIMILE By transmitting the document(s) listed above from Steptoe & Johnson LLP in Los Angeles, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made pursuant to agreement of the parties, confirmed in writing, or as a courtesy to the parties. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on June 30, 2021, at Los Angeles, California. /s/ Carmen Markarian Carmen Markarian 6 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. 1013a(3)/ Rules of Court, Rule 2060 I am a resident of, or employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address is: Steptoe & Johnson LLP, 633 West Fifth Street, Suite 1900, Los Angeles, California 90071. On June 30, 2021, I served the following listed document(s), by method indicated below, on the parties in this action: STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING SERVICE LIST ATTACHED BY U.S. MAIL (Judicial Council only) By placing the original / a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing at Steptoe & Johnson LLP, Los Angeles, California 90071., following ordinary business practices. I am readily familiar with Steptoe & Johnson LLP’s practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. BY ELECTRONIC SERVICE (via electronic filing service provider) By electronically transmitting the document(s) listed above to File & ServeXpress, an electronic filing service provider, at www.fileandservexpress.com pursuant to the Court’s June 1, 2007 CMO #3 Order mandating electronic service. See Cal. R. Ct. R. 2053, 2055, 2060. The transmission was reported as complete and without error. BY OVERNIGHT DELIVERY By delivering the document(s) listed above in a sealed envelope(s) or package(s) designated by the express service carrier, with delivery fees paid or provided for, addressed as per the attached service list, to a facility regularly maintained by the express service carrier or to an authorized courier or driver authorized by the express service carrier to receive documents. BY ELECTRONIC SERVICE (to individual persons) By electronically transmitting the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list from the email address _________@steptoe.com at approximately _______. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.260. BY PERSONAL SERVICE By personally delivering and handing the document(s) listed above to the person(s) identified on the attached service list. By personally delivering the document(s) listed above to the office address(es) as shown on the attached service list and leaving said document(s) with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office(s). BY FACSIMILE By transmitting the document(s) listed above from Steptoe & Johnson LLP in Los Angeles, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made pursuant to agreement of the parties, confirmed in writing, or as a courtesy to the parties. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on June 30, 2021, at Los Angeles, California. /s/ Carmen Markarian Carmen Markarian 7 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Selma Unified School District v. The Dow Chemical Company, et al. Matter No.: 12819.0230 Chair, Judicial Council of California Administrative Office of the Courts Attn: Court Programs and Services Division (Civil Case Coordination) 455 Golden Gate Avenue San Francisco, California 94102-3688 Doc # LA/19620192v1 3 DEFENDANT SHELL OIL COMPANY’S NOTICE OF STIPULATION TO COORDINATE ACTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. 1013a(3)/ Rules of Court, Rule 2060 I am a resident of, or employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address is: Steptoe & Johnson LLP, 633 West 5th Street, Suite 1900, Los Angeles, California 90071. On July 6, 2021, I served the following listed document(s), by method indicated below, on the parties in this action: DEFENDANT SHELL OIL COMPANY’S NOTICE OF STIPULATION TO COORDINATE ACTION SERVICE LIST MAINTAINED BY FILE&SERVEXPRESS BY U.S. MAIL By placing the original / a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing at Steptoe & Johnson LLP, Los Angeles, California 90071., following ordinary business practices. I am readily familiar with Steptoe & Johnson LLP’s practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. BY ELECTRONIC SERVICE (via electronic filing service provider) By electronically transmitting the document(s) listed above to File & ServeXpress, an electronic filing service provider, at www.fileandservexpress.com pursuant to the Court’s June 1, 2007 CMO #3 Order mandating electronic service. See Cal. R. Ct. R. 2053, 2055, 2060. The transmission was reported as complete and without error. BY OVERNIGHT DELIVERY By delivering the document(s) listed above in a sealed envelope(s) or package(s) designated by the express service carrier, with delivery fees paid or provided for, addressed as per the attached service list, to a facility regularly maintained by the express service carrier or to an authorized courier or driver authorized by the express service carrier to receive documents. BY ELECTRONIC SERVICE (to individual persons) By electronically transmitting the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list from the email address _________@steptoe.com at approximately _______. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.260. BY PERSONAL SERVICE By personally delivering and handing the document(s) listed above to the person(s) identified on the attached service list. By personally delivering the document(s) listed above to the office address(es) as shown on the attached service list and leaving said document(s) with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office(s). BY FACSIMILE By transmitting the document(s) listed above from Steptoe & Johnson LLP in Los Angeles, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made pursuant to agreement of the parties, confirmed in writing, or as a courtesy to the parties. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on July 6, 2021, at Los Angeles, California. /s/ Carmen Markarian Carmen Markarian
