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03632/1003/815617.2 STIPULATION & PROPOSED ORDER FOR FILING A RESPONSE TO 3RD AMENDED COUNTERCLAIM 

 FIL ING A RES 

CASE NO.3:08-CV-04571-MMC

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NANNETTE DE LARA (State Bar No. 98090) 

ndl@severson.com 

PETER C. LYON (State Bar No. 174019) 

pcl@severson.com 

SEVERSON & WERSON 

A Professional Corporation 

One Embarcadero Center, Suite 2600 

San Francisco, CA 94111 

Telephone: (415) 398-3344 

Facsimile: (415) 956-0439 

Attorneys for Third Party Defendant 

WINZLER & KELLY 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

KFD ENTERPRISES, INC., a California 

Corporation dba Norman’s Dry Cleaner, 

 Plaintiff, 

 vs. 

CITY OF EUREKA, et al. 

 Defendant. 

Case No.: 3:08-cv-04571-MMC 

STIPULATION AND PROPOSED ORDER 

FOR THIRD PARTY DEFENDANT 

WINZLER & KELLY FILING A 

RESPONSE TO THE CITY OF EUREKA’S 

THIRD AMENDED COUNTERCLAIM 

AND CROSSCLAIM 

AND RELATED COUNTERCLAIMS AND 

THIRD PARTY CLAIMS. 

Third-Party Defendant Winzler & Kelly (“Winzler & Kelly”) and Third Party Plaintiff, The 

City of Eureka (“Eureka”) hereby stipulate as follows: 

Whereas both Winzler & Kelly and defendant Environmental Resolutions, Inc. (“ERI”) have 

similar interests in this litigation to the extent that both are alleged to have installed monitoring wells 

that have contributed to the environmental conditions at the 2907 E Street Property (“Property”), 

which is the subject of this litigation; 

/ / / 

/ / / 

AND ORDER APPROVING STIPULATION

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03632/1003/815617.2 STIPULATION & PROPOSED ORDER FOR FILING A RESPONSE TO 3RD AMENDED COUNTERCLAIM

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Whereas on May 27, 2010 ERI filed a Motion to Dismiss multiple claims within various 

pleadings (herein, the “ERI Motion”), including claims within the Third Amended Counterclaim and 

Crossclaim (“TACC”) of Eureka, which ERI Motion is scheduled for hearing on July 16, 2010; 

Whereas both Winzler & Kelly and Eureka believe that the Court’s ruling on said ERI Motion 

will provide some guidance with respect to the viability of Eureka’s claims against Winzler & Kelly 

as set forth in Eureka’s TACC, and wish to effectuate a standstill with regard to their rights until after 

they can review the Court’s ruling on the pending ERI Motion; 

Whereas both Winzler & Kelly and Eureka believe that this stipulation will avoid 

redundancy of briefing on matters already before the Court with respect to Eureka’s TACC, thereby 

conserving judicial and party resources. 

Therefore, Winzler & Kelly and City of Eureka hereby stipulate to the following: 

(1) Following the Court’s ruling on ERI’s Motion, which is set to be heard July 16, 2010, 

Winzler & Kelly will have up to 21 days to respond to either Eureka’s TACC, or to a Fourth 

Amended Counterclaim and Cross-claim by Eureka if one is permitted by the Court; 

 (2) Both Eureka and Winzler & Kelly will retain their rights to challenge and respond to 

each other with respect to the TACC or to any subsequent amendments thereto as allowed by the 

Court’s ruling on the pending ERI Motion. 

DATED: June 3, 2010 SEVERSON & WERSON 

A Professional Corporation 

By: /s/ Peter C. Lyon 

 PETER C. LYON 

Attorneys for Third Party Defendant 

WINZLER & KELLY 

/ / / 

/ / / 

/ / / 

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03632/1003/815617.2 STIPULATION & PROPOSED ORDER FOR FILING A RESPONSE TO 3RD AMENDED COUNTERCLAIM

CASE NO. 3:08-CV-04571-MMC

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I, Peter C. Lyon, am the user whose identification and password are being used to file this 

stipulation. I hereby attest that Charles Bolcom, the other signatory below, has concurred in the 

filing of this document. 

 /s/ Peter C. Lyon 

 PETER C. LYON 

DATED: June 3, 2010 DAVIDOVITZ & BENNETT LLP 

By: /s/ Charles Bolcom 

 MORIS DAVISOVITZ 

 CHARLES BOLCOM 

Attorneys for Third Party Plaintiff 

THE CITY OF EUREKA 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: JUNE ___, 2010 _______________________________ 

 MAXINE M. CHESNEY 

 UNITED STATES DISTRICT JUDGE 

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