Notice or Order Staying Action

Cal. Super. - 5th Dist.May 19, 2021

\OOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amber M. Trincado (SBN 2601 86) atrincado@kslaw.com Megan R. Nishikawa (SBN 271670) E_F|LED mnishikawa@kslaw.com 9/22/2021 3:26 PM KING & SPALDING LLP Superior Court of California 50 California Street, Suite 3300 County 0f Fresno San Francisco, CA 941 11 By: |. Herrera, Deputy Telephone: (415) 318-1200 Facsimile: (415) 318-1300 Attorneys for Defendant SHELL OIL COMPANY dba “Shell Chemical Company” SUPERIOR COURT OF THE STATE OF CALLFORNIA COUNTY OF FRESNO SELMA UNIFIED SCHOOL DISTRICT, Case N0. 21CECG01434 Plaintiff, NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON THE DOW CHEMICAL COMPANY, SHELL TO COORDINATION PROCEEDING OIL COMPANY, also doing business as SHELL CHEMICAL COMPANY; and DOES 1 through 300, INCLUSIVE, Defendants_ Complaint Filed: May 19, 2021 VS. NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING; CASE NO. 21CECG01434 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 2 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING; CASE NO. 21CECG01434 TO THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on July 26, 2021, pursuant to the stipulation of all parties, the Honorable Donald R. Alvarez of the San Bernardino Superior Court, Coordination Judge, entered the attached Order (“Exhibit A) adding this case to Judicial Council Coordination Proceeding (“JCCP”) 4435 - “Coordinated TCP Cases.” Pursuant to this Order, the case will now be transferred from the Fresno Superior Court to the San Bernardino Superior Court. Dated: September 22, 2021 KING & SPALDING LLP By: AMBER M. TRINCADO MEGAN R. NISHIKAWA SHELL OIL COMPANY dba “Shell Chemical Company” 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 3 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING; CASE NO. 21CECG01434 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 San Francisco, State of California. I am over the age of 18 and not a party to this action. My business address is: King & Spalding LLP, 50 California Street, Suite 3300, San Francisco, California 94111. On September 22, 2021, I served the following listed document(s), by method indicated below, on the parties in this action: NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING 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 King & Spalding LLP, 50 California Street, Suite 3300, San Francisco, California 94111, following ordinary business practices. I am readily familiar with King & Spalding 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 _________@kslaw.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 personally delivering the document(s) listed above to the address(es) as shown on the attached service list and leaving said document(s) with someone of suitable age and discretion residing at said address(es). BY FACSIMILE By transmitting the document(s) listed above from King & Spalding LLP in San Francisco, 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. 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 4 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING; CASE NO. 21CECG01434 Executed on September 22, 2021, at San Francisco, California. Dalia Hill Type or Print Name Signature EXHIBIT A \OOO\IO\UIJ>UJNt-* NNNNNNNNNHHt-dy-Iu-ar-‘Hr-Iv-ir-I OO\]O\M#UJNHO\OWNO\§II-hWN-‘O Jay E. Smith (SBN 162832) jsmith@stept0e.com Nicole A. Harrison (SBN 287659) nharrison Ste t0e.com STEPTO & OHNSON LLP 633 West 5th Street, 19th Floor Los Angeles, California 90071-3500 Telephone: (2 13) 439-9400 Facamile: (2 1 3) 439-9599 Attorneys for Defendant Coordination Proceeding Special Title (Rule 1550(b)) JUDICIAL COUNCIL COORDINATION PROCEEDING SS4435 - TCP CASES SHELL OIL COMPANY, dba “SHELL CHEMICAL COMPANY” SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO THIS APPLIES TO ALL INCLUDED ACTIONS WITHIN JUDICIAL COUNCIL COORDINATION PROCEEDING 4435 \ L ‘ $599810“ngfiaowo coUNgég'gfigmm msTMCT SAN P A JUL 'ze um I: BY ANDRA QRTEG/flDEPUW S CASE NO. JCCPSS 4435 / SCVSSIZO627 JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4435 Hon. Donald R. Alvarez - Dept. S-23 STIPULATION AND[PW] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Selma Unified School District v. T728 Dow Chemical Company, et al., Fresno Superior Court Case No. 21CECGOI434 NO HEARING REQUIRED 50” Ob ' £27654. 3a flow ‘ /” 1 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD 0N TO COORDINATION PROCEEDING DOC. # DC-1 9620191 V.1 \OWQONUI-bwwu-a NNNNNNNNNHHHHHr-dv-Iu-ID-ip-a WQQMQWNHoomflmM-PWNHO Defendant Shell Oil Company has indicated that it will file a Petition seeking to have Selma Umfied 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: o will be more convenient to the parties as the defendants in this Action are also defendants in previously-coordinated actions; o 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; o 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 o 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 0r 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) 2 STIPULATION AND [Pm]-ORDER GRANTING PETITION TO ADD ON T0 COORDINATION PROCEEDING DOC. # DC-1 9620191 V.1 [\2 \OOOQQUI-bw '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. A11 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 2, 2021 SL ENVIRONMENTAL LAW GROUP, PC L. By: ‘ [signed on behalf of with permission} KENNETH A. SANSONE SETH D. MANSERGH Attorneys for Plaintiff, SELMA UNIFIED SCHOOL DISTRICT Dated: June __ 2021 KING & SPALDING LLP NICHOLAS D. KAYHAN BAILEY J. LANGNER ALESSANDRA M. GIVENS Attorneys for Defendant, THE DOW CHEMICAL COMPANY 3 STIPULATION AND[MOWER GRANTING PETITION T0 ADD 0N T0 COORDINATION PROCEEDING DOC. # DC-19620191 V.1 \DOOQONUI-kUJN- NNNNNNNNNHv-Hr-Ir-Ip-dr-tr-Ip-ap-i mflamgwwHODWNQM-PWNHO coun days before the hearing pursuant to the provisions of C.C.P. section 1005. A11 reply papers shall be filed at least five (5) coun 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 "x with, xv" .I’ \\ V(V/A By: K......\ NICHOLAS D. KAYHAN BAILEY J. LANGNER ALESSANDRA M. GIVENS Attorneys for Defendant, THE DOW CHEMICAL COMPANY 3 STIPULATION ANDW] ORDER GRANTING PETITION TO ADD ON T0 COORDINATION PROCEEDING DOC. # DC-1 9620191 V.1 \DOOQmUIhUJNv-i NNNNNNNNNv-va-dr-np-dr-Ir-Ir-Ip-v-i WNQM-kWNHOQmflONM-bUJN-‘o Dated: June 2_9, 2021 STEPTOE & JOHNSON LLP M L By. JAY E. SMITH NICOLE A. HARRISON Attorneys for Defendant, SHELL OIL COMPANY, dba “SHELL CHEMICAL COMPANY” _\. IT IS SO ORDERED. Dated: m4; E DONALD ALVAREZ Coordination Trial Judge 4 STIPULATION AND[WRDER GRANTING PETITION T0 ADD ON TO COORDINATION PROCEEDING DOC. # DC-19620191 V.1 \OmNONUILUJNP“ NNNNNNNNNr-v-dwwu-d-Ir-Ih-dr-ib-t OONONMbWNHOWOONthkWNb-io PROOF OF SERVICE F.R.C.P. 5 / C.C.P. 1013a(3)/ Rules of Conn, Rule 2060 I am a resident of, or employed in the County of Los Angeles, State of California. 1am 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 T0 COORDINATION PROCEEDING SERVICE LISTMAINTAINED BYFILE&SERVEXPRESS BY U.S. MAIL (Judicial Council only) By placing D 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 ofbusiness. D 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 scrvice list. to a facility regularly maintained by the express service can'ier or t0 an authorized courier or driver authorized by the emress service carrier to receive documents. D BY PERSONAL SERVICE D By personally delivering and handing the document(s) listed above to the person(s) identified on the attached service list. D 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). I declare under penalty of perjury under the laws of the State of California and the United States ofAmerica that the above is true and correct. Executed on June 30, 2021, at Los Angeles, California. 5 E 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 pmsuant 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. D BY ELECTRONIC SERVICE (to individual persons) By electronically transmitting the document(s) listed above to the email address(es) ofthe person(s) set forth on the attached service list fi‘om the email address @steptoe.com at approximately . T0 my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.260. D BY FACSIMILE By transmitting the document(s) listed above fiom 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 D pursuant t0 agreement of the parties, confirmed in writing, or U as a courtesy to the parties. /s/ Carmen Markarian Carmen Markarian STIPULATION AND[WOMER GRANTING PETITION TO ADD 0N TO COORDINATION PROCEEDING DOC. # DC-1 96201 91 V.1 ®OOQ©M$WNH NNNNNNNNNHHHt-Ip-dwt-dwp-‘p-d OO\]O\M#WNHO©00\JO\M#WNl-io 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 E BY U.S. MAIL (Judicial Council only) By placing D the original /E 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, 105 Angeles, California 90071 ., following ordinary ausiness practices. I am readily familiar with Steptoe & Johnson LLP’S practice for collection and processing ofdocuments 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. D BY OVERNIGHT DELIVERY By delivering the document(s) listed above in a sealed envelope(s) 3r 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 0r to an authorized courier 0r driver authorized by the :xpress service canier to receive documents. j BY PERSONAL SERVICE D By personally delivering and handing the document(s) listed above t0 the person(s) identified on the attached service list. D By personally delivering the document(s) listed above to the affice address(es) as shovm on the attached service list and leaving said document(s) with a clerk or other person in charge, or ifno one s in charge leaving it in a conspicuous place in the ofi'xce(s). California. 6 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 LISTATTACHED D BY ELECTRONIC SERVICE (via electronic filing service provider) By electronically transmitting the document(s) listed above to File & Sen’eXpress, an electronic filing service provider, at xwvw.fileandservexpresscom pursuant to the- Coun‘s June l, 2007 CMO #3 Order mandating electronic service. See Cal. R. Ct. R. 2053, 2055, 2060. The transmission was reported as complete and without error. D 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 fi’om @steptoe.con1 at . To my knowledge, the transmission was reported as complete and without error. See Cal. R. CI. R. 2.260. D 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 fonh on the attached service list. Service by facsimile transmission was made D pursuant to agreement of the parties. confimxed in writing, or D as a courtesy to the parties. the email address approximately I declare under penalty of petjury under the laws of the Stale of California and the United States ofAmerica that the above is true and correct. Executed on June 30, 2021, at Los Angeles, /s/ Carmen Markaricm Carmen Markarian STIPULATION AND[W ORDER GRANTING PETITION TO ADD 0N TO COORDINATION PROCEEDING DOC. # 0049620191 V.1 xoooxqcxu‘bwmfi NNNNNNNNNr-dwr-Iv-Ip-r-dr-‘u-‘wp-a OO\]C\LA#WNHO\OOO\IO\UI#UJN~O SERVICE LIST Selma Unified School District v. The Dow Chemical Company, et al. Matter No.: 12819.0230 Chair, Judicial Council of Califomia Administrative Office of the Courts Attn: Court Programs and Services Division (Civil Case Coordination) 455 Golden Gate Avenue San Francisco, California 94102-3688 7 STIPULATION AND [WTORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC. # 0049620191 V.1