Trans'-Global LLC v. DeTomasi et al, No. 3:2013cv02149 - Document 104 (N.D. Cal. 2014)
Court Description: ORDER granting 103 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES. Case Management Conference rescheduled to 1/13/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 1/6/2015. Signed by Judge William H. Orrick on 12/15/2014. (jmdS, COURT STAFF) (Filed on 12/15/2014)
Download PDF
<![CDATA[
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 6 limited liability company 7 h 1111 Bro adw ay, 24 t 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 Case No. C13-2149 WHO STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRETRIAL DATES LIA DETOMASI; MARIO P. DETOMASI; LORI 14 THORNTON; JEFFREY DONATI; DANIEL 15 16 17 18 19 20 21 22 23 24 25 DONATI; MARCIA M. MELNIKOFF; LAWRENCE BERTOLUCCI; LIA DETOMASI as trustee of THE BERTHA A. DONATI TRUST FBO MARC DONATI; LIA DETOMASI and MARIO P. DETOMASI as trustees of THE DETOMASI FAMILY TRUST u/a/d June 28, 2005; LORI THORNTON and LIA DETOMASI, as trustees of THE BERTHA DONATI TRUST u/a/d September 30, 1996; MARC DONATI and VICKIE DONATI, as trustees of THE BERTHA A. DONATI TRUST; PAUL DONATI, ELISA M. DONATI KLUNIS and STEVE DONATI, as trustees of THE JULIO A. DONATI FAMILY TRUST u/a/d June 21, 2002; MARCIA M. MELNIKOFF as trustee of the TESTAMENTARY TRUST UNDER THE WILL OF JOSEPHINE BERTOLUCCI; MARCIA M. MELNIKOFF and LAWRENCE BERTOLUCCI as trustees of THE LAWRENCE R. BERTOLUCCI REVOCABLE LIVING TRUST dated June 6, 2007; KI MOON HONG; MYUNG S. HONG; SEO OK OH; SOOK OH, SUN YE OH, SUMI KIMURA, GEORGE KIMURA and DOES 1-25, inclusive, Trial Date: November 16, 2015 Honorable William H. Orrick 26 Defendants. 27 AND ALL RELATED CROSS-CLAIMS and 28 COUNTER-CLAIMS 017710.0001\3770423.1 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES 1 C13-2149 WHO 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, h 1111 Bro adw ay, 24 t 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 request a date for a case management conference in January 2015, prior to 16 the presently scheduled February 10, 2015 conference so that the Parties can provide an update to 17 the court and request that the current trial and pre-trial dates be vacated. 18 WHEREAS, the above-captioned matter involved environmental contamination that 19 Plaintiff alleges results from the operation of a dry cleaner on Plaintiff’s real property at 1053 El 20 Camino Real, South San Francisco, California. Plaintiff’s complaint alleges causes of action 21 under CERCLA, among other claims. 22 WHEREAS, on June 3, 2014, the Parties appeared for a case management conference, 23 discussed the status of the case and agreed to participate in mediation. The court set a November 24 16, 2015 trial date and other associated pre-trial dates. 25 WHEREAS, the Parties initially selected a mediation date of October 8, 2014. Plaintiff 26 obtained competitive bids for the necessary soil and shallow groundwater removal, selected a 27 contractor and scheduled the work for late 2014. Prior to the October mediation date, the San 28 Mateo County Department of Environmental Health (“County”), which is overseeing Plaintiff’s 017710.0001\3770423.1 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES 2 C13-2149 WHO 1 environmental investigation and remediation, notified Plaintiff of groundwater contamination at a 2 nearby San Francisco Public Utility Commission groundwater well and requested additional 3 groundwater investigation at Plaintiff’s property. 4 WHEREAS, on September 11, 2014, Plaintiff submitted to the County a Groundwater 5 Investigation Work Plan. Plaintiff scheduled the additional groundwater investigation to begin on 6 October 22, 2014, but it was delayed briefly to October 29, 2014. 7 WHEREAS, in early October 2014, the Parties requested that the court postpone the 8 October 31, 2014 mediation deadline until January 31, 2015, to give the plaintiff time to conduct 9 the scheduled groundwater investigation and determine if additional costs associated with 10 groundwater investigation and remediation will be necessary. The court granted the Parties’ h 1111 Bro adw ay, 24 t F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 request and set a further case management conference for February 10, 2015. WHEREAS, on October 30, 2014, the day after plaintiff had begun the additional 13 groundwater investigation, the County sent a letter that requested, among other things, additional 14 sampling along the sanitary sewer lateral on Plaintiff’s property and suggested the possibility that 15 deeper soil and groundwater samples would need to be collected, depending on the results of the 16 then-ongoing investigation. The County requested that its additional issues be addressed in a 17 report due by January 30, 2015. 18 WHEREAS, given the County’s demand for additional investigation, Plaintiff will not be 19 able to develop an estimate of future costs prior to the January 13, 2015 mediation. Plaintiff will 20 not have an estimate of future costs, at the earliest, until it completes the additional work requested 21 in the County’s October 30, 2014 letter, and depending on the results of that work, until after 22 additional necessary investigation is conducted at the site. 23 WHEREAS, the Parties agree that the most cost-effective course of action is to delay 24 mediation until Plaintiff completes the work required by the County and is in a position to more 25 accurately assess the future actions and associated costs required to obtain site closure. 26 NOW THEREFORE, the Parties request that the court set a date for case management at 27 the earliest opportunity and in advance of the presently scheduled February 10, 2015 case 28 management conference. The Parties request that the court vacate the presently scheduled trial 017710.0001\3770423.1 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES 3 C13-2149 WHO 1 date and all pretrial dates and stay the matter for 4-6 months to allow the plaintiff to conduct 2 additional environmental investigation at the site. The Parties have agreed to submit responses to 3 recently propounded written discovery – plaintiff will submit responses and responsive documents 4 on or before January 16, 2015 and defendants will submit responses and responsive documents or 5 before January 21, 2015. The Donati and Melnikoff defendants also reserve the right to file a 6 dispositive motion during the stay and plaintiff requests that the Parties discuss and agree upon a 7 briefing schedule for any such motion. 8 IT IS SO STIPULATED. 9 DATED: December ___, 2014 WENDEL, ROSEN, BLACK & DEAN LLP 10 By: h 1111 Bro adw ay, 24 t F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 Greggory C. Brandt Attorneys for Trans’-Global LLC, a California limited liability company 13 14 15 DATED: December ___, 2014 ANDERLINI & McSWEENEY LLP 16 By: 17 G. Chris Anderson Attorneys for Steven Donati, Paul Donati, Elisa Donati Kunis and Marcia Melnikoff, et al. 18 19 20 DATED: December ___, 2014 BOWLES & VERNA 21 22 By: Ethan K. Friedman Attorneys for Lia DeTomasi, Mario DeTomasi, Lori Thornton and Daniel Donati 23 24 25 26 27 28 017710.0001\3770423.1 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES 4 C13-2149 WHO 1 DATED: December ___, 2014 SCHUERING ZIMMERMAN & DOYLE, LLP 2 3 By: Keith Douglas Chidlaw Attorneys for Sumi Kimura 4 5 6 DATED: December ___, 2014 HUNSUCKER GOODSTEIN PC 7 By: 8 Maureen Hodson Attorney for Ki Moon Hong and Myung S. Hong 9 10 DATED: December ___, 2014 LAW OFFICES OF MICHAEL D. McLACHLAN, APC h 1111 Bro adw ay, 24 t F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 13 By: Michael D. McLachlan Attorneys for Thomas G. Palmer, Jr. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 017710.0001\3770423.1 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES 5 C13-2149 WHO 1 ORDER 2 Based on the stipulation submitted by counsel and good cause appearing therefor: 3 The court will hold a further case management conference on January 13, 2015 at 2:00 4 p.m. to address the Parties’ request to vacate the November 16, 2015 trial date and all associated 5 pre-trial dates, to vacate the January 31, 2015 mediation deadline and to enter a 4-6 month stay of 6 the case, with the exception of the currently outstanding written discovery. The court will also 7 address and determine a briefing schedule for the Donati and Melnikoff parties’ dispositive 8 motion. 9 The further case management conference set for February 10, 2015 is vacated. 10 h 1111 Bro adw ay, 24 t F lo or 12 O akland, Ca lif or ni a 946 07 -4 036 Wendel, Rosen, Black & Dean LLP 11 IT IS SO ORDERED. 13 Dated: December 15, 2014 14 HONORABLE WILLIAM H. ORRICK JUDGE OF UNITED STATES DISTRICT COURT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 017710.0001\3770423.1 STIPULATED REQUEST FOR EARLY CASE MANAGEMENT CONFERENCE, VACATING ALL TRIAL AND PRE-TRIAL DATES 6 C13-2149 WHO
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
