REV 973 LLC v. John Mouren-Laurens, et al
Filing
730
REPORT #90 REPORT AND RECOMMENDATION OF SPCIAL MASTER AND ORDER by Judge A. Howard Matz confirming conference of 9/12/11 and setting next telephonic conference for 10/25/11 at 12:30 p.m. before the Special Master (se) Modified on 9/23/2011 (se).
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G. KEITH WISOT
Judge of the Superior Court (Ret.)
JAMS
707 Wilshire Boulevard
AON Center, 46th Floor
Los Angeles, CA 90017
Telephone: (213) 620-1133
Fax:
(213) 620-0100
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Special Master
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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REV 973, LLC, a California limited liability
company,
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Plaintiff,
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vs.
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JOHN MOUREN-LAURENS, an individual; et )
al.,
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Defendant.
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______________________________________ )
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AND ALL RELATED COUNTERCLAIMS, )
CROSS-CLAIMS AND THIRD PARTY
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CLAIMS.
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______________________________________ )
Case No. CV98-10690-AHM (Ex)
JAMS Reference #1220025424
REPORT # 90
REPORT AND RECOMMENDATION OF
SPECIAL MASTER
CONFIRMING CONFERENCE OF
SEPTEMBER 12, 2011
and
ORDER
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TO THE HONORABLE JUDGE MATZ:
The Special Master hereby submits a Report and Recommendation in accordance with the
September 27, 2001, Order Appointing Special Master for Case Management Purposes (the
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-1REPORT AND RECOMMENDATION OF SPECIAL MASTER —
STATUS CONFERENCE OF SEPTEMBER 12, 2011
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“Order”), for a regularly scheduled telephonic conference held on September 12, 2011, as
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follows:
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Parties in attendance
Franklin R. Fraley, Jr., Esq.
of Fraley & Associates
for Jerrold L. Fine, Revere Financial Corporation, and Rev 973, LLC
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Tom E. Maciejewski, Esq.
of Michel & Associates, P.C.
for John Mouren-Laurens, Mireille Mouren-Laurens, and Mouren-Laurens Oil Co., Inc.
Eric P. Francisconi, Esq.
of Barnes Crosby Fitzgerald & Zeman LLP
for Roy Leach, Patricia Leach, Leach Oil Company Inc., and Leach Property Management
Eric M. Nakasu, Esq.
of Artiano & Associates
for Estate of Joseph Mouren-Laurens, Sr.
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Alan Johnston, Esq.
of The Law Offices of Timothy C. Cronin
for the Administrator of the Estate of Emma Mouren-Laurens
The special master confirmed receipt of only the agenda for the telephone conference.
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I. Extension of Deadlines to Identify, Serve or Join PRP parties
Issue: All parties reported a Stipulation has been submitted to Judge Matz, and corresponding
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Order signed by him to temporarily suspend joining PRPs until March 12, 2012, based on the
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following: (1) the mediator, Judge Richard Dana, suggested other tasks listed below be
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accomplished; (2) the Regional Water Board confirms any approved settlement would be
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dependent upon a revised ranking of PRPs, further characterization of the site, and a remediation
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plan. The next mediation is scheduled for January 12, 2012.
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Recommendation: none.
-2REPORT AND RECOMMENDATION OF SPECIAL MASTER —
STATUS CONFERENCE OF SEPTEMBER 12, 2011
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II. Rev 973 Motion for Sanctions against the MLOC defendants
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Issue: The deadline for filing this motion is September 15, 2011. All parties report they are
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highly involved in the tasks requested by the mediator and the Regional Water Board, and the
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motion parties request this matter be continued until after March 12, 2012 to attend to the matters
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of higher priority. Further, this matter may be resolved by the parties’ meet-and-confer after
March 12.
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Recommendation: This motion should be renoticed after March 12, 2012, if still unresolved.
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III. Deposition log
Issue: The parties’ moratorium on depositions remains in effect. No individual depositions have
been scheduled.
Recommendation: The Special Master recommends the moratorium remain in effect.
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IV. Next status conference
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All parties and the Special master agreed to schedule a next telephonic conference for 12:30pm on
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October 25, 2011. If no agenda items are identified, the call may be cancelled and rescheduled.
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IT IS SO RECOMMENDED.
September 19, 2011.
_______/s/___________________
G. Keith Wisot
Judge of the Superior Court (Ret.)
Special Master
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-3REPORT AND RECOMMENDATION OF SPECIAL MASTER —
STATUS CONFERENCE OF SEPTEMBER 12, 2011
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ORDER
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The foregoing Report and Recommendation #90, Confirming Conference of September 12, 2011,
is adopted as an Order of the court, with the following modifications: No modifications.
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IT IS SO ORDERED.
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September 22, 2011.
_________________________________
Hon. A. Howard Matz
United States District Judge
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-4REPORT AND RECOMMENDATION OF SPECIAL MASTER —
STATUS CONFERENCE OF SEPTEMBER 12, 2011
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