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00-113 - Ameripride Svc Inc v. Valley Industrial, et al


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00-113 - Ameripride Svc Inc v. Valley Industrial, et al
September 15, 2005
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ORDER signed by Judge Lawrence K. Karlton on 9/13/05 re 175 177 ORDERING that decision on this motion is deferred pending the upcoming state court hearing regarding the CA Regional Water Quality Control Board's Clean-up and Abatement Order. The hearing on the motion to consolidate is CONTINUED to 10/24/2005 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The two cases are consolidated for the purposes of discovery only. (Duong, D)
October 26, 2005
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ORDER signed by Judge John F. Moulds on 10/25/05: plaintiff's 10/03/05 motion to compel, filed in 2:04cv1494, is PARTIALLY GRANTED; the remainder of plaintiff and defendants' 10/03/05 motion to compel, file in 2:04cv1494, hearing is CONTINUED to 12/8/2005 at 11:00 AM in courtroom #26(JFM) before Magistrate Judge John F. Moulds. (Kirkpatrick, S)
December 12, 2005
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ORDER signed by Judge John F. Moulds on 12/08/05 ORDERING dft AmeriPride's 10/3/05 motion to compel is WITHDRAWN. Pltf Huhtamaki's 10/3/05 motion to compel is partially GRANTED. Dft AmeriPride shall provide further discovery responses and a privilege log on or before 1/15/06.(Yin, K) Modified on 12/12/2005 (Yin, K).
December 14, 2005
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ORDER signed by Judge Lawrence K. Karlton on 12/13/05 ORDERING All Dates heretofore set are VACATED and the following dates are SET: Designation of Expert Witnesses due by 3/15/06. Discovery due by 5/15/06. Law and Motion due by 8/15/06. Final Pretrial Conference is SET for 11/13/06 at 1:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. 20 day Jury Trial SET for 2/27/07 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. (Girgis, C)
January 31, 2006
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ORDER signed by Judge Lawrence K. Karlton ORDERING the substitution of attorney Charles S. Bargiel in place and stead of Christopher P. Bisgaard GRANTED. (Carlos, K)
February 9, 2006
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ORDER signed by Judge Lawrence K. Karlton on 2/8/06 re 202 ORDERING Attorney Christopher P. Bisgaard-NOT EDCA ADMITTED is substituted for dft Mission Linen Supply in place and stead of Charles S. Bargiel of Mullen & Henzell LLP . (Duong, D)
February 23, 2006
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/22/06 re 204 ORDERING that Designation of Expert Witnesses be extended to 4/7/2006. The trial date and other dates and deadlines will remain unaffected. (Duong, D)
March 27, 2006
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ORDER re 209 signed by Judge Lawrence K. Karlton on 3/24/06 re 209 ORDERING that discovery and expert designation deadlines in this consolidated case are STAYED 206 as between AmeriPride and Chromalloy American only, pending the filing and disposition of a motion for approval of the settlment and the entry of an order barring cross-claims and other claims against the settling parties. AmeriPride and Chromalloy American are ordered to file and serve a joint motion for approval of the settlement and for entry of bar order, so that the motion can be heard on 5/15/06 10:00am. (Duong, D)
April 28, 2006
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ORDER signed by Judge John F. Moulds on 4/28/06 ORDERING The motion to shorten time and motion for protective order 241, 242 are DENIED w/out prejudice to refiling in compliance with the Local Rules. (Girgis, C)
May 4, 2006
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ORDER signed by Judge John F. Moulds on 5/2/06 ORDERING that: Pltf's 4/28/06 245 Motion for Protective Order is DENIED; dft's 5/2/06 263Cross-Motion for deposition is GRANTED; and the deposition of Robert Smith shall proceed as noticed on Wednesday, May 3, 2006, at 1:00 p.m. (Brown, T)
May 16, 2006
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ORDER signed by Judge John F. Moulds on 5/15/06 ORDERING Pltf Huhtamaki's 4/14/06 motion to compel further response to request for production 238 is partially GRANTED. Dft AmeriPride shall produce materials sought by close of business 5/15/06, or, if the materials sought are not in AmeriPride's possession or subject to AmeriPride's control, AmeriPride shall file a declaration, from a responsible official of AmeriPride, stating the items sought are not in AmeriPride's custody or subject to AmeriPride's control. (Girgis, C)
May 17, 2006
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STIPULATION and ORDER signed by Judge John F. Moulds on 5/16/06 ORDERING Pltf AmeriPride Services, Inc. and dft Mission Linen Supply Co. hereby STIPULATE to the following resolution of AmeriPride's Motion to Compel Corporate Deposition heard by the Court on 5/11/06. (See Order for Further Details)(Girgis, C)
May 17, 2006
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ORDER SHORTENING TIME signed by Judge Lawrence K. Karlton on 5/17/06 ORDERING that Movant's Motion to Strike AmeriPride's Notice of Rebuttal Experts or in the Alternative for Enlargement of the Discovery Period to Allow Their Depositions 285 will be heard on 5/30/06 at 10:00 AM in Courtroom 4. Any opposition shall be filed by 5/22/06 at 10:00 AM. (Girgis, C) Modified on 5/17/2006 (Girgis, C).
May 23, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/23/06 ORDERING that the notice required for hearing on the joint motion on the settlement shall be shortened, so that service by electronic means no later than 5/23/06 shall be deemed proper notice. Argument on the Motion for settlement and entry of contribution bar order 290 is set for 6/12/2006 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Any opposition to the motion for settlement and entry of contribution shall be filed no later than 6/2/06 at 10:00 a.m. and any reply papers shall be filed no later than 6/7/06, at 10:00 a.m. (Mena-Sanchez, L)
May 30, 2006
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ORDER signed by Judge Lawrence K. Karlton on 05/26/06 ORDERING Hearing on the motion for settlement and entry of contribution bar ordered as to Chromolloy is CONTINUED for 6/26/2006 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; Hearing on the motion seeking approval of a settlement between AmeriPride and the Petrolane dfts is CONTINUED to 06/26/06 at 10:00 AM . (Warren, P)
May 30, 2006
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ORDER signed by Judge Lawrence K. Karlton on 05/30/06 ORDERING Ex Parte Motion 302 is GRANTED; Chromalloy American may serve on any non-parties a notice in the form which is attached to this order; Chromalloy American shall file proof of service on any non-parties pursuant to this order no later than 10:00 AM on 06/07/06.(Warren, P)
June 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/1/06 ORDERING that Huhtamaki's Motion to Strike 284, 285 is GRANTED in part, and DENIED in part, as consistent with this order. (Mena-Sanchez, L)
June 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 06/20/06 re 329 ORDERING that the hearing date on the two motions is CONTINUED to 7/24/2006 at 10:00 AM on the court's Law and Motion calendar. The parties shall meet and confer as described in the joint application 327 and shall submit a joint statement to the court no later than 7/10/06 at 10:00am. No further requests for continuances shall be entertained. (Duong, D)
July 11, 2006
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ORDER signed by Judge Lawrence K. Karlton on 07/11/06 re 392 ORDERING that any hearing set by any party relative to motions in limine and Daubert 336 388 339 393 338 335 336 339388 393 338 335 are VACATED, to be re-noticed on the schedule set forth after Pretrial . (Duong, D) Modified on 7/12/2006 (Duong, D).
July 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/20/06 ORDERING that dft Mission Linen Supply shall file its motions for summary judgment no later than 7/26/06 at 10:00am. Oppositions or statements of non-opposition to Mission Linen Supply's motions shall be filed no later than 8/9/2006 at 10:00am. Reply briefs shall be filed no later than 8/16/06 at 10:00am. The hearing currently set for 8/7/06 is CONTINUED to 9/1/06 at 10:00am. All pending motions for summary judgment will be heard on that date. Oppositions or statements of non-opposition to the motions for summary judgment filed by AmeriPride 343 and Huhtamaki 342 are to be filed no later than 7/26/06 at 10:00am. Reply briefs shall be filed no later than 8/2/06 at 10:00am. (Duong, D) Modified on 7/27/2006 (Duong, D).
July 21, 2006
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ORDER SET/RESET MOTION HEARING as to 340 MOTION for SANCTIONS: Motion hearing CONTINUED to 9/1/06. See order for briefing schedule.Signed by Judge Lawrence K. Karlton on 7/21/06. (Hinkle, T)
July 28, 2006
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ement of Undisputed Facts are STRICKEN from the record. (Kirkpatrick, S).ORDER signed by Judge Lawrence K. Karlton on 07/28/06: ORDERED 519 Exhibit V to the Declaration of Lee Smith in support of AmeriPride's Opposition to Huhtamakt's Motion for Sanction and the 517 Amended Response to Huhtamaki's Stat
August 3, 2006
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ORDER signed by Judge Lawrence K. Karlton on 8/3/06: Given the seriousness of the allegations presented in Huhtamaki's motion for sanctions, oral argument is now SET for 8/3/2006 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. All parties shall appear through counsel. (Hinkle, T)
August 9, 2006
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ORDER signed by Judge Lawrence K. Karlton on 8/8/06 ORDERING that Huhtamaki's motion for sanctions 340 is GRANTED. The court imposes sanctions as detailed in the order. All parties shall file supplemental briefs no longer than 10 pages addressing how the adverse inference affects the pending motions for summary judgment and for good faith settlement. The supplemental briefs are due no later than 8/15/06 at 10:00am. (Duong, D)
August 17, 2006
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STIPULATION AND ORDER signed by Judge Morrison C. England, Jr. for Judge Lawrence K. Karlton on August 17, 2006 re 558 SET MOTION HEARING RE 559 MOTION to STAY the Cross-Motions for Summary Judgment, 563 MOTION for RECONSIDERATION of the Court's August 8 Order, 567 MOTION for CERTIFICATE of APPEALABILITY Under 28 U.S.C. Section 1292(b) for Immediate Appeal of the August 8 Order and Stay Until the Ninth Circuit Decides the Issue: Motions Hearing set for 8/31/2006 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Opposition to the Motions due 08/25/2006 by 2:00 PM. Reply due by 08/29/2006. (Rivas, A) Modified on 8/17/2006 (Rivas, A). Modified on 8/18/2006 (Duong, D).
August 29, 2006
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ORDER signed by Judge Lawrence K. Karlton on 8/29/06 ORDERING that: AmeriPride's 563 Motion for Reconsideration is DENIED; AmeriPride's 567 Motion for Certification of Appeal is GRANTED; the parties are DIRECTED to inform the court w/in 10 days of the the court of appeals' disposition as to whether it will allow interlocutory appeal; all pending motions presently before the court are hereby STAYED pending the interlocutory appeal; and the hearings set for 8/31/06 & 9/1/06 are VACATED. (Brown, T)
October 11, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/10/06 re 586 ORDERING that the court hereby clarifies that the entire case is STAYED pending the appeal. The parties are directed to inform the court within 10 days of the effective date of the order of the court of appeals' disposition as to whether it will allow interlocutory appeal. (Duong, D) Modified on 10/20/2006 (Duong, D).
December 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/12/06 ORDERING that AmeriPride's motion for leave to supplement the record 600 is DENIED. AmeriPride's application for an order shortening time 595 isDENIED. Huhtamaki's motion to strike 603 is GRANTED. Huhtamaki's application for an order shortening time 604 is DENIED. (Duong, D)
February 28, 2007
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ORDER signed by Judge Lawrence K. Karlton on 02/28/07 ORDERING that Mission Linen's Motion for Summary Judgment regarding the owner/control issue 496 is GRANTED. Mission Linen's Motion for Summary Judgment regarding contractual indemnity 445 is GRANTED. AmeriPride's Motion for Summary Judgment regarding contractual indemnity 380 is DENIED. (Duong, D)
March 26, 2007
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ORDER signed by Judge Lawrence K. Karlton on 3/23/07 ORDERING that: the motion for good faith approval of settlement 278 and the motion for approval of settlement 292 are hereby TERMED; both motions shall be RENOTICED at the same time that AmeriPride and Huhtamaki file notices of their respective motions for approval; and to the extent that the court has overlooked any remaining claims or issues, the parties are invited, but not required, to file status reports at the same time as the motions for approval of settlement. (Brown, T)
April 17, 2007
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ORDER signed by Judge Lawrence K. Karlton on 04/17/07 ORDERING that the parties's request 613 is GRANTED. The parties shal file either a joint motion or respective motions for settlement approval by 4/27/07. (Duong, D)
May 7, 2007
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ORDER signed by Judge Lawrence K. Karlton on 05/04/07 ORDERING that the joint motion allowing service on non parties 615 616 is GRANTED. Huhtamaki Foodservice Inc may serve on any non-parties a notice in the form which is attached to this Order (the "Notice). The notice shall be served, either by personal service or certified mail, return receipt requested, on or before May 18, 2007 at 5:00 pm. As set forth in the Notice, any opposition to the Motion for Judgment, Approval of Settlement and Entry of Contribution Bar is to be filed no later than June 1, 2007 at 10:00 am. Any replypapers shall be filed by June 8, 2007 at 10:00 am. Huhtamaki Foodservice shall file proof of service on any non-parties pursuant tothis Order no later than 10:00 am on May 18, 2007. (Duong, D)
July 2, 2007
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ORDER ENTERING JUDGMENT signed by Judge Lawrence K. Karlton on 7/2/2007, Each of the three settlement agreements is hereby approved as a good faith settlement and as substantively fair, reasonable and consistent with the purposes of CERCLA. Judgment pursuant to Rule 54(b), FRCP is hereby ENTERED in favor of Mission Linen in the AmeriPride Action, with Mission Linen agreeing to bear its own costs and attorneys fees. Counsel for Huhtamaki is directed to serve a copy of this order on each of the non-parties identified. (Reader, L) Modified on 7/6/2007 (Reader, L).
July 6, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/6/2007 AMENDING ORDER/JUDGMENT 638 that, Page 8, line 10, of the court's July 2, 2007 order is hereby AMENDED so that the word without is replaced with the word with. (Reader, L)
July 6, 2007
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[DISREGARD- DUPLICATE of 640 Order ] ORDER signed by Judge Lawrence K. Karlton on 07/06/07 ORDERING that page 8, line 10 of the Court's 07/02/07 order 638 is hereby AMENDED so that the word "without" is replaced with the word "with". (Manzer, C) Modified on 7/6/2007 (Donati, J).
July 24, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/23/07 ORDERING that 642 Request for status conference be set for 8/13/07 at 1:30pm in Courtroom 4. (Anderson, J)
September 4, 2007
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STIPULATION and ORDER 647 signed by Judge Lawrence K. Karlton on 9/4/07 ORDERING that Pillsbury Winthrop Shaw Pittman LLP is hereby GRANTED leave to withdraw as counsel for TEO. Counsel for TEO and counsel for AmeriPride have tendered AmeriPride's claims to certain insurers. If, after 60 days after notice of this Order, no counsel appears on behalf of TEO, AmeriPRide may take a default judgment as against Texas Eastern Overseas, Inc. for itself and/or as successor to VIS, Inc. (Kastilahn, A)
February 27, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/27/08 ORDERING that AmeriPride be given until 5/15/08 to file Exhibit A to the Court's 649 Stipulation and Order. Status Conference set for 6/9/2008 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Anderson, J)
June 11, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/11/2008 ORDERING Plaintiff to bring on a motion to set a trial date by 6/19/2008, defense to respond 30 days thereafter, 15 days to reply. Motion Hearing will be heard on 8/11/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton(Reader, L)
August 13, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/12/08 ORDERING that dft TEO SHALL file and serve not later than forty five (45) days from the date of this order a motion for judgment on the pleadings or a motion for summary judgment on the issue of TEOs capacity to be sued. Pltfs SHALL file an opposition or statement of nonopposition not later than twenty (20) days thereafter. Dft may file a reply not later than ten (10) days thereafter. Hearing on the motion is SET for November 3, 2008 at 10:00 AM in Courtroom Four.(Kastilahn, A)
October 24, 2008
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ORDER CONTINUING HEARING signed by Senior Judge Lawrence K. Karlton on 10/24/08 ORDERING that the Motions Hearing scheduled for November 3, 2008 is continued until November 17, 2008 at 10 a.m. The deadline for defendant to file its reply remains October 27, 2008. (Streeter, J)
November 25, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/24/08 GRANTING 669 Motion for Summary Judgment as to the issue of defendant's capacity to be sued. This case is STAYED to allow plaintiff to petition the Delaware Court of Chancery to reinstate defendant, pursuant to 8 Del. Code Ann. Section 279. The parties are DIRECTED to file notice with this court within 10 days of receiving a decision from the Court of Chancery. (Streeter, J)
July 6, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/6/10 ORDERING the existing stay ordered by this Court on 11/25/08 is LIFTED; and a FRCP 16 scheduling conference is set for 9/27/2010 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; parties shall file their status reports 14 days prior to the status conference. (Carlos, K)
January 21, 2011
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 1/21/11: HEARING as to 698 MOTION for SUMMARY JUDGMENT continued to 4/25/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.TEO's opposition to the Motion for Summary Judgment shall be due on or before March 4, 2011. AMERIPRIDE's reply brief in support of its Motion for Summary Judgment shall be due on or before April 7, 2011. (Kaminski, H)
March 1, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 02/28/11 ORDERING that, due to court congestion, the hearing on plf's 698 Motion for Summary Judgment is CONTINUED to 05/05/11 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Deadlines for filing memoranda remain unchanged. (Benson, A.)
April 1, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 4/1/2011 GRANTING plaintiff's 713 Motion to Compel Amended Responses to its Requests for Admissios. On or before 4/8/2011, TEO shall amend its answer to Request w/out further Objection. In Joint Discovery Statement, TEO has also agreed to supplement its Responses to plaintiffs Requests for Production. Such Supplemental Responses shall be due on or before 4/8/2011. (Marciel, M)
May 12, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/12/11 GRANTING-IN-PART and DENYING-IN-PART 698 Motion for Summary Judgment. The amounts AmeriPride paid in settlement to Huhtamaki and Cal-Am are not recoverable under CERCLA section 107. AmeriPride may file an Amended Complaint seeking to recover these costs under CERCLA section 113(f). Said complaint shall be filed no later than 14 days from the date of this order. (Donati, J)
June 1, 2011
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pride Services, Inc is CONTINUED to 7/18/2011. AmeriPride's oppositions to all of the motions shall be due by 6/20/2011. TEO's reply briefs in support of all of the motions shall be due by 7/11/2011. (Zignago, K.)STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/1/2011 ORDERING that the hearings on 740 Motion to Exclude Opinion Testimony of Pltf's Expert, 736 Motion to Re-Open Discovery and 745 Motion for Sanctions against Ameri
July 12, 2011
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/12/11 RESOLVING Texas Eastern Overseas, Inc.'s Motion for Sanctions Against Ameripride Services Inc. (Meuleman, A) Modified on 7/13/2011 (Meuleman, A).
July 20, 2011
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ORDER denying 736 Motion for Discovery and 740 Motion for Discovery signed by Senior Judge Lawrence K. Karlton on 7/19/11: With respect to the Daubert motion, the court may make further determinations as to the relevance and reliability of the challenged testimony at trial. (Kaminski, H)
October 26, 2011
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PRETRIAL (CONFERENCE) ORDER (TENTATIVE) signed by Judge Lawrence K. Karlton on 10/26/11, ORDERING that the Court Trial is SET for 1/18/2012 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The trial is estimated to take approximately five to ten days. The parties are granted 14 days from the date of this order to object or augment same. The parties are granted seven days thereafter to respond to the other party's objections. If no objections or addictions are made, the tentative pretrial order will become final without further order of the court. (Kastilahn, A)
November 15, 2011
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H)ORDER signed by Judge Lawrence K. Karlton on 11/14/11: The court finds no good cause to amend the scheduling order and, thus, DENIES Defendant TEO's request to amend the scheduling order for the purposes of filing a motion to compel. (Kaminski,
December 2, 2011
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ORDER signed by Judge Lawrence K. Karlton on 12/1/11; Defendant TEXAS EASTERN OVERSEAS, INC. ("TEO") submits this statement to memorialize its prior request to dismiss without prejudice TEO's Third Party Complaint against Univar USA, Inc. ("Univar"). In TEO's Separate Pretrial Statement and in the Pretrial Conference Order (Tentative), TEO agreed that dismissal of the action against Univar was appropriate because the time limit to serve the Complaint had passed. Dkt. 772 at 35; Dkt. 788 at 158. Pursuant to Federal Rules of Civil Procedure Rule 4(m), the Court must dismiss the action. Rule 4(m) regarding the time limit for service states, [i]f a defendant is not served within 120 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." TEO and AmeriPride agree this action should be dismissed without prejudice. Dkt. 788 at 158. For these reasons, TEO respectfully requests that the Court enter an order dismissing TEO's Third Party Complaint against Univar without prejudice. (Matson, R)
December 15, 2011
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andum from in-house counsel, B.P. Berry re: environmental audit of each plant, with attachments" and as described above, is DENIED. (2) The parties' stipulation and proposed order permitting the filing of those documents under seal, ECF No. 780, is DENIED as moot. (Kaminski, H)ORDER signed by Judge Lawrence K. Karlton on 12/15/11: This court clarifies its November 15, 2011 order and determines that: (1) AmeriPrides "claw back" request under Federal Rule of Civil Procedure 26(b)(5)(B) as related to the "Memor
January 9, 2012
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STIPULATION and ORDER Permitting the Use of Non-Certified Depositions at Trial, signed by Judge Lawrence K. Karlton on 1/9/12. (Kastilahn, A)
January 9, 2012
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STIPULATION and ORDER Concerning Costs Incurred By Amerippride Services, Inc., signed by Judge Lawrence K. Karlton on 1/9/12. It is so ORDERED that AmeriPride has directly incurred $7,570,921 in investigation and remediation costs through August 2010, AmeriPride has directly incurred $474,730 in regulatory oversight costs through September 2010, AmeriPride paid $8,250,000 to Huhtamaki to settle all claims Huhtamaki had against AmeriPride, and AmeriPride paid $2,000,000 to Cal-Am Water Co. to settle all claims Cal-Am Water Co. had against AmeriPride. (Kastilahn, A)
March 5, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/5/2012 ORDERING that parties are GRANTED 14 additional days to file their final briefs in light of the questions presented in this instant order. Parties' final briefs shall be filed no later than 3/20/2012. If the parties are confident that their briefs address the questions presented, they may file their final briefs before 3/20/2012.(Waggoner, D)
March 12, 2012
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ORDER signed by Judge Lawrence K. Karlton on 03/12/12 ORDERING that, pursuant to 908 Request for Clarification, the parties are correct in assuming that the questions the Court asked the parties to address in the 907 03/05/12 order are in addition to, and not in lieu of, the issues the court initially permitted the parties to brief at the conclusion of trial. (Benson, A.)
April 4, 2012
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ORDER signed by Judge Lawrence K. Karlton on 4/4/12 ORDERING the Defendant shall pay to the plaintiff $7,754,456.18; The parties SHALL file a stipulation with the court within fourteen (14) days of the issuance of this order as to the interest payable by defendant by virtue of plaintiff's past expended costs, for which Defendant shall be liable; Defendant SHALL be responsible for one half of all future cleanup costs. (Becknal, R)
April 20, 2012
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ORDER signed by Judge Lawrence K. Karlton on 04/20/12 ORDERING that defendant shall pay to the plaintiff $7,754,455.76, plus $2,219,966.19, for a total payment of $9,974,421.95. Defendant SHALL be responsible for one half of all future cleanup costs. Clerk to enter judgment accordingly. CASE CLOSED (Benson, A.)
May 9, 2012
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ORDER signed by Judge Lawrence K. Karlton on 05/08/12 GRANTING plaintiff's 914 Bill of Costs in the amount of $140,500.72. (Benson, A.)
June 13, 2012
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K. Karlton. (Manzer, C) Modified on 6/13/2012 (Krueger, M).STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/12/12 ORDERING that the MOTION HEARING as to 923 MOTION for JUDGMENT, and 924 MOTION to AMEND the JUDGMENT is RESET for 9/4/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence
July 27, 2012
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ORDER signed by Judge Lawrence K. Karlton on 7/26/12 ORDERING that the action denominated CIV. NO. S-12-1723 GEB/GGH, and the same hereby is, reassigned to Judge Lawrence K. Karlton and Magistrate Judge John F. Moulds for all further proceedings. Any dates currently set in the reassigned case only, are hereby VACATED. Henceforth, the caption on documents filed in this reassigned case shall be shown as CIV. NO. S-12-1723 LKK/JFM. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Becknal, R)
September 7, 2012
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ion and Rights to Payment. (Michel, G)ORDER signed by Judge Lawrence K. Karlton on 9/6/2012 DENYING 923 Renewed F.R.Cv.P. Rule 50(b) Motion for Judgment; DENYING 924 Motion to Amend the Judgment pursuant to F.R.Cv.P. Rule 59(e); GRANTING 928 Motion for Order Assigning Causes of Act
November 8, 2012
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RELATED CASE ORDER 949 signed by Judge Lawrence K. Karlton on 11/7/2012. The action denominated 2:12-cv-02476-MCE-CKD is REASSIGNED to District Judge Lawrence K. Karlton and Magistrate Judge John F. Moulds for all further proceedings. Henceforth, caption on documents filed shall be shown as 2:12-CV-02476-LKK-JFM. Clerk shall make appropriate adjustment in civil cases to compensate for this reassignment. (Marciel, M)
September 18, 2013
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ORDER signed by Judge Lawrence K. Karlton on 9/17/2013 APPROVING 977 Stipulation and Proposed Order for Substitution of Counsel; RELIEVING the law firm of Foley & Lardner of all further responsibility for the representation of Defendant Huhtamaki Foodservice, Inc.; ORDERING that all further pleadings, correspondence and other documents in this matter be directed to Stephen J. Darmody, Esq., Darmody & Carta P.A. (Michel, G)
July 20, 2015
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PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 7/17/15 ORDERING that all discovery shall be completed by 9/30/2015. Designation of Expert Witnesses due by 11/30/2015. The last day to hear dispositive motions shall be 2/25/2016. The Final Pretrial Conference is SET for 6/16/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. The parties shall file, not later than 5/26/2016, a Joint Final Pretrial Conference Statement. The parties shall file trial briefs not later than 6/2/2016. Any evidentiary or procedural motions are to be filed by 5/26/2016, oppositions must be filed by 6/2/2016 and any reply must be filed by 6/9/2016. The Bench Trial is SET for 8/5/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A)
September 28, 2015
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 9/25/15 re:987. IT IS ORDERED that for the reasons stated, the Court will apply the UCFA's pro rata approach to determine the first remanded issue. (Meuleman, A)
September 28, 2015
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 9/25/15 ORDERING that pursuant to 999 the Court GRANTS ths parties' request to take the deposition of third-part Cal-Am 15 days after the non-expert discovery cut-off date. (Meuleman, A)
October 6, 2015
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STIPULATION and ORDER Regarding Evidence Related to Ameripride's Prior Settlements signed by Chief Judge Morrison C. England, Jr on 10/5/15. (Mena-Sanchez, L)
December 8, 2015
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/7/15 ORDERING that the Pretrial Scheduling Order is modified to move the deadline for completion of Dispositive Motions from 2/25/16 to 4/21/2016.(Mena-Sanchez, L)
February 11, 2016
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/10/16 ORDERING the foregoing Joint Request is GRANTED. The memorandum of points and authorities in support of dispositive motions, and any oppositions thereto, shall not exceed twenty-seven (27) pages. Associated reply briefs shall not exceed eighteen (18) pages. (Becknal, R)
February 23, 2016
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STIPULATION and ORDER CONCERNING ADDITIONAL RESPONSE COSTS DIRECTLY INCURRED BY AMERIPRIDE SERVICES INC., signed by Chief Judge Morrison C. England, Jr., on 2/22/16, ORDERING that the foregoing stipulation is adopted and approved by the Court. (Kastilahn, A)
April 20, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr. on 4/19/2016 ORDERING that Texas Eastern Overseas Inc.'s 1019 Motion to Exclude portions of Mark A. Bryant's expert report and related trial testimony; and 1020 Motion for Sanctions are WITHDRAWN without prejudice. (Reader, L)
July 13, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 7/12/16 ORDERING TEO's Motion for Summary Judgment (ECF No. 1018) is GRANTED in part and DENIED in part for the reasons stated above. AmeriPride's Motion for Summary Judgment (ECF No. 1021) is GRANTED in part and DENIED in part for the reasons stated above. (Becknal, R)
August 1, 2016
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STIPULATION and ORDER Concerning additional response Costs directly incurred by Ameripride Serices Inc. signed by District Judge Morrison C. England, Jr on 7/29/16. (Mena-Sanchez, L)
August 10, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/10/16. The parties stipulation regarding the use of deposition testimony at trial (ECF No. 1057) is hereby adopted as an order of this Court.(Mena-Sanchez, L)
August 29, 2016
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STIPULATION and ORDER TO AMEND JOINT PRETRIAL STATEMENT signed by District Judge Morrison C. England, Jr on 8/25/16. (Mena-Sanchez, L)
August 30, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 8/30/16 ORDERING that AmeriPride's MOTION 1045 is DENIED. (Mena-Sanchez, L)
October 19, 2016
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STIPULATION and ORDER for Admissibility of Environmental Consultant Documents signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER re Admissibility of Previously Admitted Trial Exhibits signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER for Submission of Evidence of AmeriPride's Additional Response Costs signed by District Judge Morrison C. England, Jr on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER for the Submittal of Designated Deposition Testimony at Trial signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER for Admissibility of Public Agency Document Evidence signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER for Testimony of James Warner, Peter Mesard and Jeffrey Hicks signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER for Additional Response Costs Directly Incurred by Ameripride Services, Inc. signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
October 19, 2016
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STIPULATION and ORDER re Trial Exhibits to which no objection was raised signed by District Judge Morrison C. England, Jr. on 10/19/16. (Benson, A)
November 14, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16, ORDERING that the Court hereby receives into evidence the demonstrative exhibits included in Exhibits A and B attached to the above stipulation, filed with the Court at ECF No. 1121. (Kastilahn, A)
November 14, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16 ORDERING that the Court hereby receives into evidence the deposition testimony included in Exhibits A and B attached to the above stipulation, filed with the Court at ECF No. 1122. (Kastilahn, A)
November 14, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16 ORDERING that based on the parties' stipulation, the Court hereby receives into evidence TEO's additional trial exhibits, included in Exhibit A attached to the above stipulation, filed with the Court at ECF No. 1123. The Court adopts this Exhibit A, in conjunction with Exhibits A and B attached to the parties' Joint Filing of Trial Exhibits Admitted Into Evidence By Stipulation (ECF No. 1116) as the final list of admitted trial exhibits.(Kastilahn, A)
January 12, 2017
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STIPULATED PROTECTIVE ORDER signed by District Judge Morrison C. England, Jr. on 1/12/2017. (Michel, G.)
January 30, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 01/26/17 ORDERING that Texas Eastern Overseas Inc.'s 1141 Notice of Request to Seal Documents is GRANTED; the following documents are APPROVED for filing under seal: (1) Texas Eastern Overseas Inc.'s Post-Trial Brief Re the Method to Credit Plaintiff's Settlement for Response Costs; (2) the Declaration of Erin Poppler in Support of the Post-Trial Brief and Exhibit A thereto. (Benson, A)
January 30, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 01/26/17 ORDERING that Ameripride Services Inc.'s 1141 Notice of Request to Seal Documents is GRANTED; the following documents are APPROVED for filing under seal: AmeriPride's Supplemental Brief and Exhibit 1 thereto. (Benson, A)
February 3, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 02/02/2017 GRANTING Plaintiff's 1144 Request to Seal Document(s). (Jackson, T)
February 7, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 2/7/2017 GRANTING Defendant Texas Eastern Overseas, Inc.'s Request to Seal re 1145 Notice of Request to Seal Document. (Michel, G.)
March 10, 2017
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/10/2017 ORDERING that pursuant to the parties' stipulation, the Court recognizes that TEO accepts AmeriPride's proof that it has directly incurred $131,175.44 in additional investigation, remediation and regulatory oversight costs through January 2017. Pursuant to this Court's 10/19/2016 Order, such costs shall be included in the Court's calculation of the response costs directly incurred by AmeriPride and recoverable under Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. ยง 9607(a)(4)(B). (Zignago, K.)
January 5, 2018
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/4/2018 ORDERING that this action be DISMISSED with prejudice as to all claims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. The Clerk of the Court is directed to close the file. CASE CLOSED (Washington, S)