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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

PALMTREE ACQUISITION 

CORPORATION, a Delaware corporation, 

Plaintiff, 

vs. 

MICHAEL R. NEELY, an individual, PERRY 

J. NEELY, an individual; GARY NEELY, an 

individual; MICHAEL R. NEELY, PERRY J. 

NEELY and GARY NEELY dba MIKE‘S ONE 

HOUR CLEANERS; CHARLES FREDERICK 

HARTZ dba PAUL’S SPARKLE CLEANERS; 

CHARLES F. HARTZ, an individual; 

MULTIMATIC CORPORATION, a New 

Jersey corporation; WESTERN STATES 

DESIGN, a California corporation; 

MCCORDUCK PROPERTIES LIVERMORE, 

LLC, a Delaware limited liability company 

individually and as the successor to JOHN 

MCCORMICK, KATHLEEN MCCORDUCK, 

PAMELA MCCORDUCK, SANDRA 

MCCORDUCK MARONA, and IMA 

FINANCIAL CORPORATION, a California 

corporation; STARK INVESTMENT 

COMPANY, a California general partnership; 

GRUBB & ELLIS REALTY INCOME 

TRUST, LIQUIDATING TRUST, a California 

trust; and DOES 1-20, inclusive, 

Defendants. 

Case No. CV 08 3168 MHP 

STIPULATION AND [PROPOSED 

ORDER] CONTINUING CASE 

MANAGEMENT CONFERENCE 

Hon. Marilyn H. Patel 

Date: June 28, 2010 

Time: 2:00 p.m. 

Courtroom: 15, 18th floor 

Paul Kozachenko, Esq., SBN: 104601

Selena P. Ontiveros, Esq., SBN: 211790 

GONSALVES & KOZACHENKO 

1133 Auburn Street 

Fremont, CA 94538 

Telephone: (510) 770-3900 

Facsimile: (510) 657-9876 

Attorneys for Defendant 

Stark Investment Company, a 

California general partnership 

Case 3:08-cv-03168-EMC Document 69 Filed 06/25/10 Page 1 of 5
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THE KIRRBERG CORPORATION, formerly 

known as MULTIMATIC CORPORATION, a 

New Jersey corporation; and STARK 

INVESTMENT COMPANY, L.P., a California 

limited partnership, 

 Third Party Plaintiffs, 

 v. 

MELINDA ELLIS EVERS, Successor Trustee 

of the Harold A. Ellis, Jr. Revocable Inter Vivos 

Trust Dated July 13, 2000; MARIAN L. ELLIS, 

Trustee of the Marian L. Ellis Revocable Inter 

Vivos Trust Dated October 31, 2003; MARIAN 

L. ELLIS, an individual; JAMES R. PROUD, 

an individual; DEAN BANKS, an individual; 

EMMETT R. DEMOSS JR., an individual; 

JOHN E. HYJER, an individual; THE 

ANDERSON MARITAL TRUST dated 

February 28, 1979, as amended and restated 

August 31, 1994; and THE ANDERSON TAX 

DEFERRAL TRUST, dated February 28, 1979, 

as amended and restated August 31, 1994, 

 Third Party Defendants. 

The parties who have appeared in the above-captioned action have met and conferred and 

jointly submit the following Stipulation and Proposed Order continuing the Case Management 

Conference currently scheduled for June 28, 2010 at 2:00 p.m. to September 20, 2010 at 4:00 p.m. 

As explained more fully below, the Plaintiff and Defendants, with the exception of Grubb 

& Ellis Realty Income Trust, Liquidating Trust, (“Responding Parties”) have been mediating this 

matter with Timothy Gallagher, Esq., along with other potentially responsible parties, and are 

continuing to do so, while simultaneously working cooperatively to respond to the Regional Water 

Quality Control Board’s (“RWQCB”) directives. 

1. On June 19, 2010, Mediator Gallagher submitted an Interim Case Management 

Statement to the Court, which was thereafter filed on June 22, 2010 and appears as document 67 on 

the Court’s docket. 

2. In Mediator Gallagher’s Interim Case Management Statement, he described the 

Responding Parties’ substantial and continuing progress in settling among themselves and with 

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other potentially responsible third parties. 

3. Mediator Gallagher also described the Responding Parties’ ongoing cooperative 

efforts at site characterization and compliance with the RWQCB’s directives. As Mediator 

Gallagher stated, the Responding Parties recently submitted a Work Plan to the RWQCB which 

will be carried out this year. It is anticipated that the final report will be submitted in the second 

quarter of 2011 and thereafter, a Remedial Action Plan will be submitted to the RWQCB for 

approval. 

4. Because of the ongoing site characterization work, the Responding Parties do not 

yet have a complete understanding of the anticipated remediation costs, which is needed by some 

of the Responding Parties in order to agree on final settlement terms. The Responding Parties, 

however, are diligently working with their technical consultants and the RWQCB to determine, as 

quickly as possible, the best course of action for remediating the site. 

5. Even though the cost figures necessary for a final settlement is not currently known, 

the Responding Parties are continuing to advance discussions among themselves and resolve 

matters with other parties. The Responding Parties would like to resolve this case by mediation 

but is cognizant of the Court’s desire for a schedule. The Responding Parties believe that a 

continuation of the currently scheduled case management schedule to September 20, 2010 will 

allow them to prepare a realistic plan and schedule to present to the Court at that time. 

DATED: June 25, 2010 GONSALVES & KOZACHENKO 

 By: /s/ Selena P. Ontiveros 

 Selena P. Ontiveros 

 

Attorneys for Defendant & Third Party 

Plaintiff Stark Investment Company, a 

California general partnership 

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DATED: June 25, 2010 The Costa Law Firm 

 By: /s/ Daniel P. Costa 

 Daniel P. Costa 

 

Attorneys for Defendant & Third Party 

Plaintiff Stark Investment Company, a 

California general partnership 

DATED: June 25, 2010 Cox, Castle & Nicholson, LLP 

 

 By: /s/ Chad Hales 

 Chad Hales 

 

Attorneys for Plaintiff 

 Palmtree Acquisition Corporation 

 

DATED: June 25, 2010 BASSI, EDLIN, HUIE & BLUM LLP 

 By: /s/ Noel Edlin 

 Noel Edlin 

 

Attorneys for Defendants 

 Michael R. Neely, Perry J. Neely, and 

 Gary Neely, dba Mike’s One Hour Cleaners 

DATED: June 25, 2010 Dongell Lawrence Finney, LLP 

 By: /s/ Thomas A. Vandenberg 

 Thomas A. Vandenberg 

 Attorneys for Defendant & Third Party 

 Plaintiff The Kirrberg Corporation f/k/a 

Multimatic Corporation 

 

DATED: June 25, 2010 Rogers Joseph O’Donnell 

 By: /s/ Robert C. Goodman 

 Robert C. Goodman 

 Attorneys for Defendant Charles Frederick 

 Hartz, dba Paul’s Sparkle Cleaners 

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DATED: June 25, 2010 Foley Mcintosh Frey & Claytor 

 By: /s/ James D. Claytor 

 James D. Claytor 

 Attorneys for Defendant Western State Design 

DATED: June 25, 2010 Gordon, Watrous, Ryan, Langley, Bruno & 

Paltenghi 

 By: /s/ Bruce C. Paltenghi 

 Bruce C. Paltenghi 

 Attorneys for Defendant McCorduck 

 Properties Livermore, LLC

 

ORDER 

The Case Management Conference scheduled for June 28, 2010 at 2:00 p.m. is continued to 

September 20, 2010 at 4:00 p.m. The Stipulation and Order entered by the Court on September 15, 

2008 remains in effect, including the stay on discovery. 

Dated: ______________________ ______________________________ 

Marilyn H. Patel 

Judge of the United States District Court 

6/25/2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

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