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1 "notice and delay" period,. On June 27, 1994, plaintiff served <br /> 2 defendants, excepting defendant Mel. Bokides Petroleum, Inc. , with <br /> 3 formal Notice of IntenttoFile Suit under 3RCRA {"RCRA Notice") * <br /> 4 Defendant Mel Bokides Petroleum, Ince was served with plaintiff's <br /> 5 RCRA Notice on August I14 1994.. <br /> b F. Jurisdiction And venue. <br /> 7 Under 12 U.S,, .: S 18191 this action is a: civil action over <br /> 81 which this court has original jurisdiction. venue is proper <br /> 9 puresuant to. 2S U.S..:C. 1331, and because the site is located in <br /> 10 this district <br /> 11 G;t Anticipated or outstanding Discovery. <br /> 12 There is no written discovery presently outstanding'r FDIC <br /> 13 anticipates: further: written discovery and depositions of <br /> 14 percipient and expert: witnesses by all parties. <br /> 15 H.. Anticipated Motions and Schedulinct Thereof. <br /> 16 Defendant Douglas filed a motion for summary judgment with <br /> 17 the San Joaqun. County superior Court before the action was <br /> '18 removed tcti this court.. <br /> 19 VDICAnticipatesifiling a motion for summary judgment upon <br /> 2;0 the completion; :of tiscovery in this matter. <br /> 21 I. Prftbectg. for' t e e t u u e <br /> 12 Setting AMropriate Cut-Off Law- and Motion <br /> 33 and the Scheduling _of Pretrial and Trim <br /> r <br /> :24 1. Settlement Fr2sRects <br /> 25 Although soil .and groundwater cleanup costs at. the Site <br /> 26 remain undetermined, plaintiff believes that. it. has acquired <br /> 27 sufficient additional information regarding these matters since <br /> :28 the last Status C'onference 'to allow meaningful settlement <br /> -5- <br />