notice of entry of order granting petition to add on to coordinating p

Cal. Super. - 1st Dist.October 29, 2020

1 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Doc. # DC-16775261 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, Esq. (SBN 162832) jsmith@steptoe.com STEPTOE & JOHNSON LLP 633 West Fifth Street, Suite 1900 Los Angeles, CA 90071 Tel: (213) 439-9400 Fax: (213) 439-9599 Attorney for Defendant SHELL OIL COMPANY dba “SHELL CHEMICAL COMPANY” SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO WINI MUTUAL WATER COMPANY, Plaintiff, vs. THE DOW CHEMICAL COMPANY; SHELL OIL COMPANY, individually and doing business as SHELL CHEMCIAL COMPANY; OCCIDENTAL CEHMICAL CORPORATION; WILBUR-ELLIS COMPANY LLC; J.R. SIMPLOT COMPANY; FMC CORPORATION; PUREGRO COMPANY; NUTRIEN AG SOLUTIONS, INC.; SOUTHERN VALLEY CHEMICAL COMPANY; TRICAL, INC.; and DOES 1 through 300, INCLUSIVE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CGC-20-584947 Complaint Filed: June 19, 2020 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 09/10/2020 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk 2 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Doc. # DC-16775261 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 TO THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 26, 2020, 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, this case will now be transferred from the San Francisco Superior Court to the San Bernardino Superior Court. DATED: September 10, 2020 STEPTOE & JOHNSON LLP By: Jay E. Smith Attorneys for Defendant SHELL OIL COMPANY, d/b/a Shell Chemical Company EXHIBIT A 3 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Doc. # DC-16775261 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 September 10, 2020, 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 (SFSC) SERVICE LIST MAINTAINED BY FILE & SERVEXPRESS BY U.S. MAIL By placing □ the original / X 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 1900 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. 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. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.253, 2.255, 2.260. 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 pursuant to agreement of the parties, confirmed in writing, or as an additional method of service as a courtesy to the parties or pursuant to Court Order. BY EMAIL (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 pursuant to agreement of the parties, confirmed in writing, or as an additional method of service as a courtesy to the parties or pursuant to Court Order. See Cal. Rules of Court, rule 2.260. 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 list. The signed proof of service by the registered process server is attached. 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 pursuant to agreement of the parties, confirmed in writing, or as an additional method of service as a courtesy to the parties or pursuant to Court Order. 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 September 10, 2020 at Los Angeles, California. Carmen Markarian 4 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Doc. # DC-16775261 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 September 10, 2020, 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 SEE ATTACHED SERVICE LIST BY U.S. MAIL By placing □ the original / X 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 1900 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. 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. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.253, 2.255, 2.260. 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 pursuant to agreement of the parties, confirmed in writing, or as an additional method of service as a courtesy to the parties or pursuant to Court Order. BY EMAIL (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 pursuant to agreement of the parties, confirmed in writing, or as an additional method of service as a courtesy to the parties or pursuant to Court Order. See Cal. Rules of Court, rule 2.260. 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 list. The signed proof of service by the registered process server is attached. 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 pursuant to agreement of the parties, confirmed in writing, or as an additional method of service as a courtesy to the parties or pursuant to Court Order. 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 September 10, 2020 at Los Angeles, California. Carmen Markarian 5 NOTICE OF ENTRY OF ORDER GRANTING PETITION TO ADD ON TO COORDINATION PROCEEDING Doc. # DC-16775261 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 WINI MUTUAL WATER COMPANY v. THE DOW CHEMICAL CO., et al. Matter No.: 12819.00215 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