Trans'-Global LLC v. DeTomasi et al, No. 3:2013cv02149 - Document 101 (N.D. Cal. 2014)

Court Description: ORDER granting 100 Stipulation to Extend Deadline for Mediation and Reschedule Case Management Conference. Case Management Statement due by 2/3/2015. Case Management Conference set for 2/10/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 10/14/2014. (jmdS, COURT STAFF) (Filed on 10/14/2014)

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Trans'-Global LLC v. DeTomasi et al Doc. 101 1 Greggory C. Brandt (Bar No. 189487) WENDEL, ROSEN, BLACK & DEAN LLP 2 1111 Broadway, 24th Floor Oakland, California 94607-4036 3 Telephone: (510) 834-6600 Fax: (510) 834-1928 4 Email: gbrandt@wendel.com 5 Attorneys for Trans’-Global LLC, a California limited liability company 6 7 1111 Bro adw ay, 24 t h F lo or O akland, Ca lif or ni a 946 07 -4 036 UNITED STATES DISTRICT COURT 9 Wendel, Rosen, Black & Dean LLP 8 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 10 TRANS’-GLOBAL LLC, a California limited liability company, 11 Plaintiff, 12 vs. 13 LIA DETOMASI; MARIO P. DETOMASI; LORI 14 THORNTON; JEFFREY DONATI; DANIEL DONATI; MARCIA M. MELNIKOFF; Case No. C13-2149 WHO STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CASE MANAGEMENT CONFERENCE & ORDER ADR LOCAL RULE 6-5 Honorable William H. Orrick 15 LAWRENCE BERTOLUCCI; LIA DETOMASI as trustee of THE BERTHA A. DONATI TRUST 16 FBO MARC DONATI; LIA DETOMASI and MARIO P. DETOMASI as trustees of THE 17 DETOMASI FAMILY TRUST u/a/d June 28, 2005; LORI THORNTON and LIA DETOMASI, 18 as trustees of THE BERTHA DONATI TRUST u/a/d September 30, 1996; MARC DONATI and 19 VICKIE DONATI, as trustees of THE BERTHA A. DONATI TRUST; PAUL DONATI, ELISA M. 20 DONATI KLUNIS and STEVE DONATI, as trustees of THE JULIO A. DONATI FAMILY 21 TRUST u/a/d June 21, 2002; MARCIA M. MELNIKOFF as trustee of the TESTAMENTARY 22 TRUST UNDER THE WILL OF JOSEPHINE BERTOLUCCI; MARCIA M. MELNIKOFF and 23 LAWRENCE BERTOLUCCI as trustees of THE LAWRENCE R. BERTOLUCCI REVOCABLE 24 LIVING TRUST dated June 6, 2007; KI MOON HONG; MYUNG S. HONG; SEO OK OH; SOOK 25 OH, SUN YE OH, SUMI KIMURA, GEORGE KIMURA and DOES 1-25, inclusive, 26 Defendants. 27 AND ALL RELATED CROSS-CLAIMS and 28 COUNTER-CLAIMS 017710.0001\3703468.1 STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CMC & ORDER 1 Dockets.Justia.com 1 Plaintiff Trans’-Global LLC, a California limited liability company (“Plaintiff”), 2 Defendants Lia DeTomasi; Mario P. DeTomasi; Lori Thornton; Jeffrey Donati; Daniel Donati; 3 Marcia M. Melnikoff; Lawrence Bertolucci; Lia DeTomasi As Trustee Of The Bertha A. Donati 4 Trust FBO Marc Donati; Lia DeTomasi and Mario P. DeTomasi As Trustees Of The DeTomasi 5 Family Trust U/A/D June 28, 2005; Lori Thornton And Lia DeTomasi, As Trustees Of The Bertha 6 Donati Trust U/A/D September 30, 1996; Marc Donati And Vickie Donati, As Trustees Of The 7 Bertha A. Donati Trust; Paul Donati, Elisa M. Donati Klunis And Steve Donati, As Trustees Of 8 The Julio A. Donati Family Trust U/A/D June 21, 2002; Marcia M. Melnikoff As Trustee Of The 9 Testamentary Trust Under The Will Of Josephine Bertolucci; Marcia M. Melnikoff And Lawrence 10 Bertolucci As Trustees Of The Lawrence R. Bertolucci Revocable Living Trust Dated June 6, 1111 Bro adw ay, 24 t h F lo or 12 Hong; and Sumi Kimura and Cross-Defendant Thomas G. Palmer, Jr. (hereinafter collectively O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 2007 (hereinafter collectively referred to as the “Owner Defendants”); Ki Moon Hong; Myung S. 13 referred to as the “Operator Defendants”) (Plaintiff, Owner Defendants, and Operator Defendants 14 together, the “Parties), by and through their undersigned counsel of record, hereby submit the 15 following stipulation to extend the deadline for mediation and the December 2, 2014 case 16 management conference in the above-captioned matter. 17 WHEREAS, on June 3, 2014, the Parties appeared for a scheduled case management 18 conference, discussed the status of the case and agreed to participate in mediation. The court and 19 Parties discussed the appropriate time frame for conducting mediation, the court referred the 20 matter to the ADR Unit for mediation, to be completed by October 31, 2014, as agreed upon by 21 the parties. A further case management conference was set for December 2, 2014, after the 22 mediation deadline. 23 WHEREAS, shortly after the June 3, 2014 case management conference, the Parties jointly 24 selected a mediator and reported the selection to the ADR Unit. The Parties participated in a July 25 10, 2014 pre-mediation conference call with the mediator and selected a mutually agreeable 26 mediation date of October 8, 2014. 27 WHEREAS, plaintiff obtained competitive bids for the necessary soil and shallow 28 groundwater removal, has provided the bids to the other Parties, selected a contractor and 017710.0001\3703468.1 STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CMC & ORDER 2 1 scheduled the work for later this year. 2 WHEREAS, the San Mateo County Department of Environmental Health (“County”), 3 which is overseeing plaintiff’s environmental investigation and remediation notified plaintiff of 4 groundwater contamination at a nearby San Francisco Public Utility Commission groundwater 5 well and requested additional groundwater investigation at plaintiff’s property. Plaintiff 6 previously obtained one groundwater sample from the site, which did not show the presence of dry 7 cleaning solvents above the laboratory method detection levels. 8 WHEREAS, on September 4, 2014, in preparation for mediation, plaintiff’s counsel 9 provided the other Parties with summary of the past and anticipated future environmental costs 10 incurred or to be incurred by the plaintiff. Plaintiff’s counsel noted that if contamination was 1111 Bro adw ay, 24 t h F lo or 12 would likely be incurred and plaintiff’s estimates would have to be revised. O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 identified in the groundwater, then additional environmental investigation and remediation costs 13 WHEREAS, on September 11, 2014, plaintiff submitted to the County a Groundwater 14 Investigation Work Plan. Plaintiff has scheduled the additional groundwater investigation to begin 15 on October 22, 2014 and will have results in the field. 16 WHEREAS, on September 26, 2014, certain defendants indicated that they are not willing 17 to enter into a partial settlement or one that does not include a complete release of all past and 18 future claims. Plaintiff responded that it was not willing to enter into a complete and final release 19 of all claims given the potential for significant additional groundwater investigation and 20 remediation costs. The Parties agreed that it would be in their best interests to postpone mediation 21 until such time as plaintiff’s additional groundwater investigation determined whether further 22 groundwater investigation and/or remediation would be necessary. 23 NOW, THEREFORE, the undersigned Parties stipulate and agree to this request that the 24 court postpone the October 31, 2014 mediation deadline until January 31, 2015. The extension 25 will give the plaintiff time to conduct the scheduled groundwater investigation and determine if 26 additional costs will be necessary. The case management conference presently set for December 27 2, 2014, should be postponed until a date available on the court’s calendar after the newly assigned 28 mediation deadline. 017710.0001\3703468.1 STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CMC & ORDER 3 1 IT IS SO STIPULATED. 2 DATED: October 10, 2014 WENDEL, ROSEN, BLACK & DEAN LLP 3 4 By: 5 6 /s/ Greggory C. Brandt Greggory C. Brandt Attorneys for Trans’-Global LLC, a California limited liability company 7 8 DATED: October 10, 2014 ANDERLINI & McSWEENEY LLP 9 10 By: 1111 Bro adw ay, 24 t h F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 13 DATED: October 10, 2014 /s/ G. Chris Anderson G. Chris Anderson Attorneys for Steven Donati, Paul Donati, Elisa Donati Kunis and Marcia Melnikoff, et al. BOWLES & VERNA 14 15 By: 16 17 /s/ Ethan K. Friedman Ethan K. Friedman Attorneys for Lia DeTomasi, Mario DeTomasi, Lori Thornton and Daniel Donati 18 19 DATED: October 10, 2014 SCHUERING ZIMMERMAN & DOYLE, LLP 20 21 By: 22 /s/ Keith Douglas Chidlaw Keith Douglas Chidlaw Attorneys for Sumi Kimura 23 24 25 26 27 28 017710.0001\3703468.1 STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CMC & ORDER 4 1 DATED: October 10, 2014 HUNSUCKER GOODSTEIN PC 2 3 By: 4 /s/ Maureen Hodson Maureen Hodson Attorney for Ki Moon Hong and Myung S. Hong 5 6 DATED: October 10, 2014 LAW OFFICES OF MICHAEL D. McLACHLAN, APC 7 8 By: 9 10 /s/ Michael D. McLachlan Michael D. McLachlan Attorneys for Thomas G. Palmer, Jr. 1111 Bro adw ay, 24 t h F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 017710.0001\3703468.1 STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CMC & ORDER 5 ORDER 1 2 Based on the stipulation submitted by counsel and good cause appearing therefor: 3 The stipulated request to extend the deadline for completing mediation is GRANTED. The 4 deadline for completing mediation is hereby extended to January 31, 2015. 5 The further case management conference set for December 2, 2014 is vacated. A further 6 case management conference will be held on February 10, 2015 at 2:00 p.m. 7 8 IT IS SO ORDERED. 9 10 Dated: October 14, 2014 HONORABLE WILLIAM H. ORRICK JUDGE OF UNITED STATES DISTRICT COURT 1111 Bro adw ay, 24 t h F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 017710.0001\3703468.1 STIPULATION TO EXTEND DEADLINE FOR MEDIATION AND RESCHEDULE CMC & ORDER 6

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