notice of stipulation to coordinate action

Cal. Super. - 1st Dist.March 23, 2020

1 2 3 4 5 6 7 8 9 10 11 12 Jay ·. Smith SBN 162832) 1smith@steptoe.com Nicole A. Harrison ( BN 287659 nbarrison@steptoe.com STEPTOE & JOHNSON LLP 633 West 5th Street, 19th Floor Los Angeles, California 90071-3500 elephone: (213) 439-9400 Facsunile: (213) 439-9599 Attornexs for Defendant hell 011 Company, dba "Shell Chemical Company" SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ST ALLI ON SPRINGS COMMUNITY 13 SERVICES DISTRICT, CASE NO. CGC-19-580517 Complaint Filed: November 5, 2019 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, vs. THE DOW CHEMICAL COMPANY; SHELL OIL COMPANY, individually and doing business as SHELL CHEMCIAL COMPANY; OCCIDENTAL CHEMICAL CORPORATION; WILBUR-ELLIS COMPANY LLC; J.R. SIMPLOT COMPANY; PUREGRO COMPANY; CROP PRODUCTION SERVICES, INC.; SOUTHERN VALLEY CHEMICAL COMPANY; TRICAL, INC.; and DOES 1 through 300, INCLUSIVE, Defendants. 1 DEFENDANT SHELL OIL COMPANY'S NOTICE OF STIPULATION TO COORDINATE ACTION DEFENDANT SHELL OIL COMPANY'S NOTICE OF STIPULATION TO COORDINATE ACTION DOC.# DC-14583606 V.1 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 01/10/2020 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk 1 2 3 4 5 6 7 8 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. 9 DATED: January 9, 2020 10 STEPTOE & JOHNSON LLP 11 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, d/b/a Shell Chemical Company 2 DEFENDANT SHELL OIL COMPANY'S NOTICE OF STIPULATION TO COORDINATE ACTION DOC.# DC-14583606 V 1 EXHIBIT A 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) l smith@steptoe.co m Nicole A. Harrison (SBN 287659) nharrison ste toe.com STEPTOE & HNSON LLP 633 West 5th Street, 19th Floor Los Angeles, California 90071-3500 Teleph ne: (213) 439-9400 Facsimile: (213) 439-9599 Attornexs for Defendant Shell 011 Companyi dba "Shell Chemical Company" SUPERIOR COURT OF THE ST ATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO Coordination Proceeding Special Title (Rule 1550(b)) JUDICIAL COUNCIL COORDINATION PROCEEDING 4435 - TCP CASES THIS APPLIES TO ALL INCLUDED ACTIONS WITHIN JUDICIAL COUNCIL COORDINATION PROCEEDING 4435 CASE NO. SCVSS120627 JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4435 oordination Judge: The Honorable Donald Alvarez, Dept. S-23 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING tallion Springs Community ervices District v. The Dow Chemical Company, et al., San Francisoo Superior Court Case No. CGC-19- - -------------~ 580517 ~ NO HEARING REQUIRED 1 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC.# 0C-14582059 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 A Petition to Add On to Coordination Proceeding having been filed by defendant Shell Oil Company to add Stallion Springs Community Services District v. The Dow Chemical Company, et al., San Francisco Superior Court Case No. CGC-19-580517 (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 most of 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 - 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 2 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING DOC.# DC-14582059 V.1 1 the plaintiff in this Action need respond only once to a given issue. Plaintiff in this Action 2 shall file its opposition to any demurrers and/or motions to strike directed at the Complaint at 3 least nine (9) court days before the hearing oh any demurrer or motion pursuant to the 4 provisions of C.C.P. section 1005. All reply papers shall be filed at least five (5) court days 5 before such hearing pursuant to C.C.P. section 1005. 6 7 IT IS SO STIPULATED AND AGREED. 8 9 10 11 12 13 14 15 16 Dated: December ...1_, 2019 17 Dated: December _, 2019 18 19 20 21 22 23 24 25 26 27 28 ROBINS BORGHEI LLP D . OBINS JED J. BORGHEI COREY M. MOFFAT STEVEN J. ADAMSKI Attorneys for Plaintiff, STALLION SPRINGS COMMUNITY SERVICES 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 1 the plaintiff in this Action need respond only once to a given issue. Plaintiff in this Action 2 shall file its opposition to any demurrers and/or motions to strike directed at the Complaint at 3 least nine (9) court days before the hearing on any demurrer or motion pursuant to the 4 provisions of C.C.P. section 1005. All reply papers shall be filed at least five (5) court days 5 before such hearing pursuant to C.C.P. section 1005. 6 7 IT IS SO STIPULATED AND AGREED. 8 9 10 11 12 13 14 15 16 Dated: December_, 2019 17 Dated: December 3, 2019 18 19 20 21 22 23 24 25 26 27 28 ROBINS BORGHEI LLP By: _______________ ---1 TODD E. ROBINS JED J. BORGHEI COREYM. MOFFAT STEVEN J. ADAMSKI Attorneys for Plaintiff, STALLION SPRINGS COMMUNITY SERVICES DISTRICT KING & SPALDING LLP 8--~ By: _____ '_ Y _______ _ NICHOLAS D. KAYHAN 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 2 3 4 5 6 7 8 Dated: December ~ , 2019 9 Dated: December 2,,,, 2019 10 1 1 12 13 14 15 16 Dated: December _ , 2019 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December _ , 2019 STEPTOE & JOHNSON LLP JAYE. 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 Defendants, OCCIDENTAL CHEMICAL CORPORATION; and WILBUR-ELLIS COMPANY LLC SNIDER, DIEHL, SLOUP & RASMUSSEN, LLP By: --------------------1 STEPHEN C. SNIDER SASHA SLOUP Attorneys for Defendant, J.R.SIMPLOT COMPANY LEWIS BRISBOIS BISGAARD & SMITH LLP By: -----------------i PAUL DESROCHERS Attorney for Defendant, SOUTHERN VALLEY CHEMICAL COMPANY 4 STIPULATION AND [PROPOSED) ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING 1 2 3 4 5 6 7 8 Dated: December _, 2019 9 Dated: December_, 2019 10 11 12 13 14 15 16 Dated: December _l_, 2019 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December_, 2019 STEPTOE & JOHNSON LLP By: _ _______________ -----i JAYE. 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: ---------------------i STEPHEN C. LEWIS R. MORGAN GILHULY Attorneys for Defendants, OCCIDENTAL CHEMICAL CORPORATION; and WILBUR-ELLIS COMPANY LLC SNIDER, DIEHL, SLOUP & RASMUSSEN, LLP Attorneys for Defendant, J.R. SIMPLOT COMPANY LEWIS BRISBOIS BISGAARD & SMITH LLP By: ________________ ~ PAUL DESROCHERS Attorney for Defendant, SOUTHERN VALLEY CHEMICAL COMPANY 4 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING 1 Dated: December , 201 9 2 3 4 5 6 7 8 9 Dated: December , 2019 10 11 12 13 14 15 16 Dated: December _, 201 9 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December!{_, 2019 STEPTOE & JOHNSON LLP By; ----------------- JAYE. 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: _ _ ______________ -1 STEPHEN C. LEWIS R. MORGAN GILHULY Attorneys for Defendants, OCCIDENTAL CHEMICAL CORPORATION; and WILBUR-ELLIS COMPANY LLC SNIDER, DIEHL, SLOUP & RASMUSSEN, LLP By: ----------------1 STEPHEN C. SNIDER SASHA SLOUP Attorneys for Defendant, J.R.SJMPLOT COMPANY Attorney for Defendant, SOUTHERN VALLEY CHEMICAL COMP ANY 4 STIPULATION AND IPROPOSEDI ORDER GRANTING PETITION TO ADD ON TO COORDlNATION PROCEEDING I Dated: December .k_, 2019 2 3 4 5 6 7 8 9 IT IS SO ORDERED. 10 Dated: ---- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NF.MEYER REM. PICCIURRO AUSTINS. ELIG Attorneys for Defendant, TRICAL, INC. THE HONORABLE DONALD ALVAREZ Coordination Trial Judge 5 STIPULATION AND [PROPOSED] ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING 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 January 10, 2020, 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 ATTACHED ~ 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 process ing of document [or mailing. Un !er that practice, the document is deposi ted with the nited Slates 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 packag,e(s) de~ ignuted by tho express service carrier, with del ivery foes puid or pro i led fo r. ,tddres ·eel as per the uttached service list, to u fa ility regul arly 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 Courl requirement : service by overnight delivery was made D pursuant to agreement o( the parties, confirmed in writing. or D as on addit ional met.hod of service as a courtesy to th pnl'lics or D pursuant Lo our1 Ordcr. 0 BY PERSONAL SERVICE □ By personally delivering the document(s) listed above to the otlices at the addressee(s) as shown on the attached service list. □ By placing the document(s) li sted above in a sealed envelope s) and instructing a registered prncess server to personally delivery the envelope(s) to the offices at the address(es) set forth on the attached service list. The signed proof of service by the registered process server is attached. I declare under penalty of perjury under the law United States o/A merica that the above is true and co Los Angeles a}jfornia. 3 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. fllcand ·crvcxprcss.com 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 omplelc and wilhoul error. crvicc my emai l was made D pursuant to agreement of tlie parties, confirmed in writil1g, or O 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 facsimil e machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made O pursuant to agreem1.:nt of Lhe parLi (;S, confirmed in writing, or 0 us ttn additional metho of service as a courtesy lo pursuant to Court rde [fornia and the nuary 10, 2020 at DEFENDANT SHELL OIL COMPANY'S NOTICE OF STIPULATION TO COORDINATE ACTION DOC.# DC-14583606 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 Stallion Springs Community Services District v. The Dow Chemical Co., et al. Matter No.: 012819.00204 Todd E. Robins Steven J. Adamski Jed J. Borghei ROBINS BORGHEI LLP ROBINS BORGHEI LLP P.O. Box 3835 369 Pine Street, Suite 400 San Luis Obispo, CA 93403 San Francisco, CA 94104 Attorney for Plaintiff Attorneys for Plaintiff STALLION SPRINGS COMMUNITY STALLION SPRINGS COMMUNITY SERVICES DISTRICT SERVICES DISTRICT Nicholas D. Kayhan Stephen C. Lewis Bailey Langner R. Morgan Gilhuly KING & SPALDING LLP BARG COFFIN LEWIS & TRAPP LLP 101 Second Street, Suite 2300 600 Montgomery Street, Suite 525 San Francisco, CA 94105 San Francisco, CA 94111-2706 Attorneys for Defendant Attorneys for Defendants THE DOW CHEMICAL COMPANY OCCIDENTAL CHEMICAL CORPORATION; and WILBUR-ELLIS COMPANYLLC Sasha Sloup Paul Desrochers SNIDER, DIEHL, SLOUP & LEWIS BRISBOIS BISGAARD & SMITH RASMUSSEN, LLP LLP 1111 W. Tokay Street 333 Bush Street, Suite 1100 Lodi, CA 95240 San Francisco, CA 94104 Attorneys for Defendant Attorney for Defendant J.R.SIMPLOT COMPANY SOUTHERN VALLEY CHEMICAL COMPANY Jason F. Meyer Chair, Judicial Council of California Andre M. Picciurro Administrative Office of the Courts Austin S. Elig Attn: Court Programs and Services Division GORDON REES SCULLY (Civil Case Coordination) MANSUKHANI, LLP 455 Golden Gate Avenue 101 W Broadway, Suite 200 San Francisco, California 94102-3688 San Diego, CA 92101 Attorneys for Defendant TRICAL, INC. 4 DEFENDANT SHELL OIL COMPANY'S NOTICE OF STIPULATION TO COORDINATE ACTION DOC.# DC-14583606 V.1