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08-2556 - USA v. Sterling Centrecorp Inc. et al


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08-2556 - USA v. Sterling Centrecorp Inc. et al
November 14, 2008
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RELATED CASE ORDER 5 signed by Judge Morrison C. England, Jr. on 11/13/08. Action denominated 2:08-CV-2556 LKK DAD is REASSIGNED to Judge England and Magistrate Judge John F. Moulds for all further proceedings. Any dates currently set in reassigned case are VACATED. Henceforth, case shall be shown as 2:08-CV-2556 MCE JFM and Clerk shall make appropriate adjustment in cases to compensate for reassignment. (Marciel, M)
March 20, 2009
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ORDER signed by Judge Morrison C. England, Jr on 3/19/09: The Elder Defendants have until May 29, 2009, to file answer. The United States' Ex Parte Application to Shorten Time is denied as moot. (Kaminski, H)
March 25, 2009
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ORDER signed by Judge Morrison C. England, Jr. on 3/24/09 GRANTING 18 Joint Motion To Bifurcate Discovery and Trial. Discovery and trial is bifurcated as follows: Phase 1 is comprised of discovery and trial on the Court's jurisdiction over Sterling, and Dfts liability under CERCLA section 107 (a) for past and future response costs. Phase 2 is comprised of discovery and trial on Pltfs' entitlement to the response costs sought. Dfts will be permitted to raise in Phase 2 a statute of limitations defense to costs incurred prior to execution of the Record of Decision for the Mine Area Operable Unit in September 2004. (Engbretson, K.)
May 18, 2009
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PRETRIAL SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 5/15/09 ORDERING that Discovery ddl 5/7/2010; Designation of Expert Witnesses ddl 7/7/2010; Dispositive Motions Hearing ddl 9/9/2010. Final Pretrial Conference set for 1/20/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Bench Trial set for 3/7/2011 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Duong, D)
October 19, 2009
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ORDER signed by Judge Morrison C. England, Jr on 10/16/09 ORDERING that MOTION for Leave to File First Amended Answer 33and MOTION to Assign Counterclaim to Phase 2 of this litigation 36 are GRANTED. Accordingly the 10/15/09 MOTIONS hearing is VACATED. (Mena-Sanchez, L)
December 24, 2009
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ORDER signed by Judge Morrison C. England, Jr on 12/23/09 ORDERING that the 45 Motion by California Department of Toxic Control to Dismiss Counterclaim and strike Affirmative Defenses is CONTINUED to 2/12/2010 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Donati, J)
January 5, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 1/5/2010 ORDERING the hearing date of 1/7/2010 is vacated; 49 Motion for Letter of request seeking international judicial assistance is granted; The attached letter request shall be filed by plaintiffs' Canadian counsel before the appropriate Canadian Court; and the Clerk shall attach a copy of plaintiffs' 11/17/2009 Memorandum in support of motion for letter of request to this order. (Attachments: # (1) Memorandum in Motion for Letter of Request)(Matson, R)
February 23, 2010
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ORDER signed by Judge Morrison C. England, Jr., on 2/22/10, ORDERING that pltf US' Motion to Dismiss 53, and Motion to Strike dft Stephen Elder's Answer and Counterclaim on behalf of Elder Development, Inc. 56, are GRANTED. California's jointly-filed Motion to Dismiss Counterclaim and Motion to Strike Affirmative Defenses and Request for Jury Trial 45 is GRANTED in part and DENIED in part as set forth in this order. (Kastilahn, A)
March 11, 2010
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ORDER signed by Judge Morrison C. England, Jr on 3/10/2010 GRANTING 67 Motion for Discovery; Designation of Expert Witnesses due by 12/7/2010; Discovery due by 10/7/2010; Dispositive Motions filed by 2/11/2011. (Matson, R)
March 11, 2010
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ORDER PROTECTING CONFIDENTIAL INFORMATION signed by Judge Morrison C. England, Jr on 3/10/2010 re 69 Motion for Protective Order. (Matson, R)
March 16, 2010
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STIPULATION and ORDER referring case in part for mediation signed by Judge Morrison C. England, Jr. on 3/15/10. (Engbretson, K.)
September 30, 2010
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s, D)ORDER signed by Judge Morrison C. England, Jr on 09/29/10 GRANTING 86 Motion for Extension Time to Conclude Discovery; Designation of Expert Witnesses due by 12/21/2010; Discovery due by 10/31/2010; Dispositive Motions filed by 2/28/2011. (William
December 8, 2010
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ORDER signed by Judge Morrison C. England, Jr on 12/07/10 ORDERING on the Courts Own Motion to Extend the discovery deadlines as follows: Designation of Expert Witnesses due by 1/31/2011, Dispositive Motions filed by 4/29/2011, All other case deadlines stand as outlined in the Pretrial Scheduling Order (ECF No. 28) or otherwise amended; DENYING 90 EX Parte Motion ; TERMINATING91 Motion. (Williams, D)
June 6, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 6/6/2011 ORDERING 123 Motion for Order vacating Default Judgment is DENIED; RECOMMENDING 105 MOTION for DEFAULT JUDGMENT filed by California Department of Toxic Substances Control, United States of America be partially granted as follows: Default Judgment be entered against Elder Development on the question of its liability; and Default Judgment be denied without prejudice as to the question of damages. Matter referred to Judge Morrison C. England, Jr.; Parties may file objections to findings and recommendations within 14 days from the date of being served.(Waggoner, D)
September 20, 2011
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ORDER signed by Judge Morrison C. England, Jr. on 09/19/2011 FINDINGS AND RECOMMENDATIONS 134 are ADOPTED in FULL; Plaintiffs' #105 motion for default judgment against Elder Development is Partially GRANTED: a) Default judgment is GRANTED on the question of liability; and b) Default judgment is DENIED without prejudice as to the question of damages. (Reader, L)
October 18, 2011
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ORDER CONTINUING TRIAL signed by Judge Morrison C. England, Jr. on 10/17/2011. Jury Trial is VACATED and RE-SET for 10/29/2012 at 9:00 AM. Parties shall file Trial Briefs no later than 8/23/2012. Final Pretrial Conference is VACATED and CONTINUED to 9/6/2012 at 2:00 PM. The Joint Final Pretrial Statement due by 8/16/2012. Telephonic appearances for this hearing are NOT permitted. Any Evidentiary or Procedural Motions are to be filed by 8/16/2012. Opposition must be submitted no later than 8/30/2012 and any Reply must be filed by 8/23/2012. Motion will be heard at same time as Final Pretrial Conference. (Marciel, M)
December 8, 2011
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MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 12/8/11: ORDERING that Defendant Sterling's 119 Motion for Summary Judgment, made on grounds that this Court lacks personal jurisdiction over Sterling, is DENIED. (Kastilahn, A)
December 8, 2011
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MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr., on 12/8/11: ORDERING that plaintiffs' 108 Motion for Partial Summary Judgment of Elements of CERCLA liability common to all defendants is GRANTED. (Kastilahn, A)
December 8, 2011
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MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr., on 12/8/11: ORDERING that plaintiffs' 114 Motion for Partial Summary Judgment as to the CERCLA liability of defendant Stephen P. Elder is GRANTED. (Kastilahn, A)
December 22, 2011
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MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 12/21/2011.Plaintiffs' 110 Motion for Partial Summary Judgment as to CERCLA liability of defendant Sterling Centrecorp, Inc. is DENIED. Plaintiffs' 112 Motion for Partial Summary Judgment on Sterling Centrecorp's affirmative defenses to CERCLA liability is DENIED in part and GRANTED in part. It is DENIED with respect to First Affirmative Defense, but GRANTED as to Second, Third, Fourth, Fifth, Sixth, Eleventh, Thirteenth and Fourteenth Defenses. (Marciel, M)
May 21, 2012
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STIPULATION and ORDER 155 SETTING EARLIER DATE FOR FINAL PRETRIAL CONFERENCE AND RELATED DEADLINES signed by Judge Morrison C. England, Jr., on 5/18/12: The Final Pretrial Conference is SET for 8/30/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.. Trial briefs shall be due no later than 8/23/2012. The Joint Final Pretrial Statement is due no later than 8/9/2012. Any evidentiary or procedural motions are to be filed by 8/9/2012, oppositions must be filed by 8/16/2012, and any replies must be filed by 8/23/2012. The Order Continuing Trial 150 remains in effect for all deadlines and requirements not affected by this Stipulation and Order. (Kastilahn, A)
October 30, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 10/29/2012 DENYING 189 Request for Augmentation of 186 Final Pretrial Order. (Michel, G)
June 20, 2013
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FINDINGS of FACT signed by Chief Judge Morrison C. England, Jr on 6/19/2013. (Waggoner, D)
June 24, 2013
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{DISREGARD - DUPLICATE} CONCLUSIONS of LAW signed by Chief Judge Morrison C. England, Jr on 6/20/13. (Meuleman, A) Modified on 6/24/2013 (Meuleman, A). Modified on 6/24/2013 (Meuleman, A).
June 24, 2013
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CONCLUSIONS OF LAW signed by Chief Judge Morrison C. England, Jr on 6/20/13. (Manzer, C)
February 5, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr. on 2/4/2014 ORDERING that Sterling's 215 Motion for Certification for Immediate Appeal is DENIED. (Zignago, K.)
September 29, 2014
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PHASE II PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 9/26/14 ORDERING that all Discovery, with the exception of expert discovery, shall be completed by 9/18/2015; within 120 days of the Court's entry of this Order, the parties shall make disclosures under Fed. R. Civ. P. 26(a); all expert discovery shall be completed by 11/18/2015; all counsel are to designate in writing, file with the Court, and serve upon all other parties the name, address, and area of expertise of each expert that they propose to tender at trial not later than 8/11/2015; within 45 days after the designation of expert witnesses, any party may designate a supplemental list of expert witnesses; all dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 3/17/2016; the Final Pretrial Conference is set for 5/26/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; the parties shall file, not later than 5/5/2016, a Joint Final Pretrial Conference Statement; the parties shall file trial briefs not later than 5/12/2016 by 4:00 p.m.; any evidentiary or procedural motions are to be filed by 5/5/2016; oppositions must be filed by 5/12/2016, and any reply must be filed by 5/19/2016; Bench Trial is set for 7/18/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A)
February 13, 2015
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STIPULATION and ORDER PROTECTING CONFIDENTIAL INFORMATION IN PHASE 2 signed by Chief Judge Morrison C. England, Jr on 2/11/15. In accordance with the foregoing Stipulation of counsel, having received no opposition from Defendant Stephen Elder to the 231 Motion to Enter Proposed Phase II Protective Order, and good cause appearing, IT IS SO ORDERED. (Meuleman, A)
July 2, 2015
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/1/15 extending the time for the Parties to serve on all other parties the name, address, and area of expertise of each expert they propose to tender at trial, and produce a written report prepared and signed by each expert witness, to September 10, 2015. (Kaminski, H)
August 19, 2015
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1/13/2015; Close of expert discovery 12/4/2015; Last date for hearing dispositive motions - 4/14/2016. (Kastilahn, A)STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 8/19/15 ORDERING that the pretrial deadlines are EXTENDED as follows: Designation of experts and exchange of expert reports 10/2/2015; Designation of supplemental experts 1
September 9, 2015
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 9/8/2015 ORDERING that on or before sixty days after the conclusion of the Phase II trial, Plaintiffs shall jointly file a motion seeking enforcement costs; On or before sixty days after Plaintiffs' deadline to file a motion seeking enforcement costs, if Sterling decides a response is necessary, Sterling shall file a response in opposition to Plaintiffs' motion for enforcement costs; Sterling will have an opportunity to take discovery on Plaintiffs' enforcement costs following the Phase II trial until sixty days after Plaintiffs' deadline to file a motion seeking enforcement costs, however, Plaintiffs do not waive their right to assert any privilege or any objection that could apply to any part of Sterling's discovery request; Plaintiffs do not agree to submit their attorneys for depositions in this matter and do not waive their right to seek a protective order barring any depositions they deem objectionable; and On or before twenty-one days after Sterling's deadline to file its response, if Plaintiffs decide a reply is necessary, Plaintiffs shall jointly file a reply to any response in opposition filed by Sterling. (Zignago, K.)
November 23, 2015
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 11/20/15: Expert discovery in this case shall close on December 11, 2015. All other dates established in this case remain unchanged. (Kaminski, H)
September 20, 2016
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 9/19/16 ORDERING Plaintiffs' Motion for Partial Summary Judgment as to Defendant Sterling's Statute of Limitations Defense (ECF No. 267) is GRANTED. (Becknal, R)
September 20, 2016
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 9/20/2016 ORDERING the United States' 274 Motion for Summary Judgment as to the Counterclaim of Sterling Centrecorp Inc. is GRANTED; Sterling's own Motion for Partial Summary Judgment on the Issue of Operator Liability 272, which makes the opposite argument is DENIED. (Reader, L)
September 22, 2016
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 9/21/16 ORDERING Plaintiffs' Motion for Partial Summary Judgment as to Amount of Recoverable CERCLA Response Costs is GRANTED. Defendant Sterling's corresponding Motion for Summary Judgment as to the recoverability of certain response costs in the Lava Cap Mine Site's Operable Units One and Two is DENIED. (Becknal, R)
October 24, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/21/2016 ORDERING that the deadlines in the Court's 9/8/2015 Order are STAYED until 12/21/2016. The stipulated schedule for briefing and discovery related to Plaintiffs' motion for enforcement costs shall commence when the stay ends on 12/21/2016. Accordingly, if the enforcement costs portion of these proceedings remains unresolved at that time, Plaintiffs' deadline for filing a joint motion for such costs is 2/21/2017. Defendant Sterling's response, if any, to that motion must be filed not later than 4/21/2017 and Plaintiffs' reply is due on 5/12/2017. (Zignago, K.)
February 7, 2017
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STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 2/7/2017 GRANTING additional discovery relating to recovery of enforcement costs. (Michel, G.)
April 25, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 4/24/2017 GRANTING Defendant Sterling Centrecorp, Inc.'s Request to Seal re 308 Notice of Request to Seal; GRANTING only the parties access the billing records in question; SEALING said records for the duration of this litigation, including any appeals, until a final judgment is entered. (Michel, G.)
May 5, 2017
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/4/17 GRANTING Extension for Plaintiff's Reply Briefs in support of Motions for enforcement costs. Plaintiff's Reply briefs shall be filed not later than 7/17/2017.(Mena-Sanchez, L)
June 26, 2017
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/23/17 ORDERING that the deadline for the Plaintiffs' separate or joint reply briefs in support of their respective Motions for Enforcement Costs shall be due on the later of: a) 7/17/17; b) 10 days after the Court has ruled on the Motion to Compel. The date for the hearing on the Motions for Enforcement Costs 305, 304 shall be 9/29/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Mena-Sanchez, L)
July 31, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/28/2017 ORDERING 318 Plaintiffs' motion to compel is GRANTED; within 21 days of the date of this order counsel for defendant Sterling Centrecorp Inc., shall produce to plaintiffs either Bates number RRFP00801 in an unredacted form or a stipulation stating the total dollar amount defense counsel has billed defendant Sterling Centrecorp Inc., for the defense of this ligation; and Defendant's production shall be made pursuant to the protective order governing this action. (Reader, L)
August 22, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 8/21/2017 GRANTING California Department of Toxic Substances Control's Request to Seal Documents; the Court determines that only the parties will have access to DTSC's Reply Brief and to Attachment A thereto, and that these records will be SEALED for the duration of this litigation, including any appeals, until a final judgment is entered. (Reader, L)
February 9, 2018
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ORDER signed by District Judge Morrison C. England, Jr. on 2/8/18 GRANTING 305 DTSC's MOTION. (Kaminski, H)
February 9, 2018
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ORDER signed by District Judge Morrison C. England, Jr on 2/9/18 GRANTING 304 The United States' Motion. (Kaminski, H)
March 20, 2018
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FINAL JUDGMENT dated *3/20/2018* in favor of United States and DTSC against Sterling Centrecorp Inc., Stephen P. Elder and Elder Development, Inc. pursuant to order signed by District Judge Morrison C. England, Jr on 3/17/2018. (Washington, S)