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I <br /> a X AWemo <br /> January 3, 2003 <br /> TO: DONNA HERAN, DIRECTORKSan <br /> A 0 2003 <br /> ENVIRONMENTAL HEALTH SE I ���� + <br /> ,�_ 1"�fUTI, <br /> EE ROv,il r= <br /> FROM: GILBERTO GUTIERREZ ACES <br /> DEPUTY COUNTY COUNSE <br /> RE: Delta Funding- L. P. . C ntuin Count <br /> Public Health Servic s Environmental Health Division; <br /> Court Case No. CV012 7 <br /> As you know, COUNTY OF SAN JOAQUIN ENVIRONMENTAL HEALTH <br /> SERVICES (SJCEHS) has been sued for interference with contractual <br /> relations, giving out erroneous or false information and <br /> declaratory relief re : SJCEHS Notice and Order No. 00-01, <br /> relating to the above-mentioned matter. The Honorable K. Peter <br /> Saiers, Judge, has tentatively ruled that the matter should be <br /> dismissed, however, such decision is subject to the hazards of <br /> further hearing and appeal . Accordingly, this Office is in the <br /> process of finalizing a settlement of the complaint as well as, <br /> on a larger scale, related surface/subsurface clean-up issues . <br /> Attached hereto is the proposed STIPULATION FOR ENTRY OF <br /> FINAL JUDGMENT AND FINAL JUDGMENT. After significant expenditure <br /> of resources, this STIPULATION has been reviewed and approved by <br /> this Office, the District Attorney' s Office, CIWMB Attorneys, and <br /> Robert McClellon. We are awaiting final approval by Delta <br /> Funding, Inc. which is due prior to January 17, 2003 . <br /> Kindly note that the proposed STIPULATION is intended to <br /> supercede SJCEHS requirements, notwithstanding the SJCEHS <br /> December 2002 Inspection and Report and any deadlines resulting <br /> therefrom, excepting any CIWMB requirements. Accordingly, any <br /> SJCEHS action interfering with the STIPULATION may jeopardize the <br /> proposed settlement . <br /> Thank you for your attention. <br /> CC : Robyn T. Drivon, Chief Deputy <br /> David Irey, Deputy District Attorney <br /> Robert McClellon, SJCEHS <br />