defendant shell oil companys notice of filing of stipulated petition t

Cal. Super. - 1st Dist.February 28, 2020

1 Jay _, . Smith SEN 162832) .1smith@steptoe.com 2 Nicole A. Harrison (SBN 287659) nharrison@steptoe.com 3 STEPTOE & JOHN ON LLP 633 West 5th Street, 19th Floor 4 Los .Angeles, California 90071-3500 TeJel)bone: (213) 439-9400 5 Facsrmile: (213) 439-9599 6 7 Attornexs for Defendant Sh 11 011 Company dba "Shell Chemical Company" 8 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 12 CAMROSA WATER DISTRICT, CASE NO. CGC-19-579977 Complaint Filed: October 15, 2019 13 Plaintiff, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs . THE DOW CHEMICAL COMPANY; SHELL OIL COMPANY, individually and doing business as SHELL CHEMCIAL COMPANY; WILBUR-ELLIS COMPANY LLC; PUREGRO COMPANY; CROP PRODUCTION SERVICES, INC.; TRICAL, INC.; and DOES 1 through 300, INCLUSIVE, Defendants. 1 DEFENDANT SHELL OIL COMPANY'S NOTICE OF FILING OF STIPULATED PETITION TO COORDINATE ACTION DEFENDANT SHELL OIL COMPANY'S NOTICE OF FILING OF STIPULATED PETITION TO COORDINATE ACTION DOC.# DC-14583954 V,1 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/27/2019 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk 1 2 3 4 5 6 7 8 9 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 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. 10 DATED: November 26, 2019 11 STEPTOE & JOHNSON LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By:-~---"--'(/'-_ _::-~_-_-- Jay E. Smith Nicole A. Harrison Attorneys for Defendant, SHELL OIL COMPANY, dba "Shell Chemical Company" 2 DEFENDANT SHELL OIL COMPANY'S NOTICE OF FILING OF STIPULATED PETITION TO COORDINATE ACTION EXHIBIT A 1 2 3 4 5 6 7 8 9 10 Jay -. Smith SBN 162832) 4s111 i lb(c~s teploe.com Nicole A~ Harrison SBN 287659) nharri son c ,st ptoe.com STEPTOE & JOHNSON LLP 633 West 5th Street, 19th Floor Los Angel.es, California 90071-3500 Tel phone: (213) 439-9400 racsunjle: (213) 439-9599 Attornexs for Defendant Shell 011 Company dba "Shell Chemical Company", SUPERIOR COURT OF THE ST ATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 11 Coordination Proceeding Special Title (Rule lSSO(b)) CASE NO. SCVSS120627 JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4435 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDICIAL COUNCIL COORDINATION PROCEEDING 4435 - TCP CASES THIS APPLIES TO ALL INCLUDED ACTIONS WITHIN JUDICIAL COUNCIL ) COORDINATION PROCEEDING 4435 oordination Judge: The Honorable Donald Alvarez Dept. S-23 STIPULATION AND fPROPOSED] ORDER GRANTING l>ETITION TO ADD ON TO COORDINATION PROCEEDING Camrosa Water District v. The Dow Chemical Company, et al., San Francisco Superior Court Case No. CGC-19-579977 NO HEARING REQUIRED STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING 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 A Petition to Add On to Coordination Proceeding having been filed by defendant Shell Oil Company to add Camrosa Water District v. The Dow Chemical Company, et al., San Francisco Superior Court Case No. CGC-19-579977 (the "Action"), now pending in the San Francisco Superior Court, to the coordinated proceeding captioned above, 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 this Court add the Action as an included action in Judicial Council Coordination Proceeding No. 4435. 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 sameirounds through joinder or otherwise, so that STIPULATION AND (PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC.# DC-14566678 V.1 1, 2 3 4 5 6 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) court days before the hearing on any demurrer or motion 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. 7 IT IS SO STIPULATED AND AGREED. 8 9 10 l I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November.\~, 2019 ROBINS 80RGHEI LLP Dated: November _,2019 Attorneys for Plaintiff, CAM ROSA WATER DISTRICT KING & SPALDING LLP By: --- --------- NICHOLAS D. KA YHAN BAILEY J. LANGNER GARNER F. KROPP Attorneys for Defendant, THE DOW CHEMICAL COMPANY 3 STIPULATION AND [PROPOSED! ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC.# DC-14566678 V.1 1 2 3 4 5 6 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) court days before the hearing on any demurrer or motion 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. 7 IT IS SO STIPULATED AND AGREED. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November_, 2019 Dated: November 20, 2019 ROBINS BORGHEI LLP By: _ _ ________________ -i TODD E. ROBINS JED J. BORGHEI COREY M. MOFFAT STEVEN J. ADAMSKI Attorneys for Plaintiff, CAMROSA WATER DISTRICT KING & SPALDING LLP By: _8,_.,,I(~- - NICHOLAS D. KA YHAN BAILEY J. LANGNER GARNER F. KROPP Attorneys for Defendant, THE DOW CHEMICAL COMPANY 3 STIPULATION AND [PROPOSED) ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC.# DC-14566678 V 1 1 Dated: November\'\ , 2019 2 3 4 5 6 7 8 9 Dated: November/f,2019 10 11 12 13 14 15 16 17 18 19 20 21 22 Dated: November_, 2019 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: ____ _ STEPTOE & JOHNSON LLP 'lr----- By: -----'-"4----------------1 JAY . SMITH NICOLE A. HARRISON Attorneys for Defendants, SHELL OIL COMPANY, individually and dba "SHELL CHEMICAL COMPANY"; PUREGRO COMPANY; and CROP PRODUCTION SERVICES, INC. BARG COFFIN LEWIS & TRAPP, LLP By:~ STEPHEN C. LEWIS R. MORGAN GILHULY Attorneys for Defendant, WILBUR-ELLIS COMPANY LLC GORDON REES SCULLY MANSUKHANI, LLP By: _______________ --1 JASON F. MEYER ANDRE M. PICCIURRO AUSTIN S. ELIO Attorneys for Defendant, TRICAL, INC. THE HONORABLE DONALD ALVAREZ Coordination Trial Judge 4 STIPULATION AND (PROPOSED) ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC.# DC-14566678 V.1 1 2 3 4 5 6 7 8 Dated: November ____ , 2019 STEPTOE & JOHNSON LLP By: ----- -------------1 JAYE. SMITH NICOLE A. HARRISON Attorneys for Defendants, SHELL OIL COMPANY, individually and dba "SHELL CHEMICAL COMPANY"; PUREGRO COMPANY; and CROP PRODUCTION SERVICES, INC. 9 Dated: November ____ , 2019 BARG COFFIN LEWIS & TRAPP, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 11., 2019 IT IS SO ORDERED. Dated: By: _______________ ----1 STEPHEN C. LEWIS R. MORGAN GILHULY Attorneys for Def end ant, WILBUR-ELLIS COMPANY LLC ONF.MEYER ANDRE M. PICCIURRO AUSTIN S. ELIO Attorneys for Defendant, TRICAL, INC. THE HONORABLE DONALD ALVAREZ Coordination Trial Judge 4 STIPULATION AND IPR0POSEDjORDERGRANTING PETITION TO A-DD ON TO COORDINATION PROCEEDING DOC # DC-14566678 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 I 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 November 27, 2019, I served the following listed document(s), by method indicated below, on the parties in this action: DEFENDANT SHELL OIL COMPANY'S NOTICE OF FILING OF STIPULATED PETITION TO COORDINATE ACTION SERVICE LIST ATTACHED j:gl BY U.S. MAIL By placing □ the original / XX 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 633 West Fifth Street, Suite 700 in Los Angeles, California 90071 , following ordinary business practices. I am readily familiar with the firm's practice for collection and processing of document for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day in the ordinary course of business. 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. 0 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 or to an authorized courier or deliver authorized by the express service carrier to receive documents. Note: Federal Court requirement: service by overnight delivery was made D pursuant to agreement of the parties, confirmed in writing, or D as an additional method of service as a courtesy to the parties or D pursuant to Court Order. 0 BY PERSONAL SERVICE □ By personally delivering the document(s) listed above to the offices at the addressee(s) as shown on the attached service list. □ By placing the document(s) listed above in a sealed envelope(s) and instructing a registered process server to personally delivery the envelope(s) to the offices at the address(es) set forth on the attached service I ist. The signed proofof service by the registered process server is attached. 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 \ ww.tilennd. ervcxprcss.co 111 pursuant to the Court's June I, 2007 CMO #3 Order mandating electronic service. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.253, 2.255, 2.260. 0 BYEMAIL (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. To my knowledge, the transmission was reported as complete and without error. Service my email was made D pursuant to agreement of the parties, confirmed in writing, or D as an additional method of service as a courtesy to the parties or D pursuant to Court Order. See Cal. Rules of Court, rule 2.260. 0 BY FACSIMILE By transmitting the document(s) listed above from Steptoe & Johnson in Los Angeles, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made O pursuant to agreement of the parties, confirmed in writing, or D as an additional method of service as a I 1c pru: / or D pursuant to Court I declare under penalty of perjury under the la oJth late r (/alifornia and the United tales of America that the above is true an~ / or~o/.txec r November 27, 2019 at Los Angeles alifornia. >c4- 3 DEFENDANT SHELL OIL COMPANY'S NOTICE OF FILING OF STIPULATED PETITION 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 SERVICE LIST Camrosa Water District v. The Dow Chemical Co., et al. Matter No.: 012819.00203 Todd E. Robins Jason F. Meyer Jed J. Borghei Andre M. Picciurro Corey M. Moffat Austin S. Elig ROBINS BORGHEI LLP GORDON REES SCULLY 369 Pine Street, Suite 400 MANSUKHANI, LLP San Francisco, CA 94104 101 W Broadway, Suite 200 San Diego, California n Attorneys for Plaintiff CAMROSA WATER DISTRICT Attorneys for Defendant TRICAL, INC. Steven J. Adamski Nicholas D. Kayhan ROBINS BORGHEI LLP Bailey Langner P.O. Box 3835 Garner F. Kropp San Luis Obispo, CA 93403 KING & SPALDING LLP 101 Second Street, Suite 2300 Attorney for Plaintiff San Francisco, CA 94105 CAMROSA WATER DISTRICT Attorney for Defendant THE DOW CHEMICAL COMPANY Stephen C. Lewis Chair, Judicial Council of California R. Morgan Gilhuly Administrative Office of the Courts BARG COFFIN LEWIS & TRAPP LLP Attn: Court Programs and Services Division 600 Montgomery Street, Suite 525 (Civil Case Coordination) San Francisco, CA 94111-2706 455 Golden Gate Avenue San Francisco, California 94102-3688 Attorneys for Defondant WILBUR-ELLIS COMPANY LLC 4 DEFENDANT SHELL OIL COMPANY'S NOTICE OF FILING OF STIPULATED PETITION TO COORDINATE ACTION DOC.# DC-14583954 V.1