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SITE INFORMATION AND CORRESPONDENCE
Environmental Health - Public
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3500 - Local Oversight Program
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PR0545307
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SITE INFORMATION AND CORRESPONDENCE
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Last modified
2/11/2020 3:02:32 PM
Creation date
2/11/2020 8:53:24 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
SITE INFORMATION AND CORRESPONDENCE
RECORD_ID
PR0545307
PE
3528
FACILITY_ID
FA0000932
FACILITY_NAME
DOMINO'S #8588
STREET_NUMBER
305
Direction
S
STREET_NAME
HUTCHINS
STREET_TYPE
ST
City
LODI
Zip
95240
APN
03319020
CURRENT_STATUS
02
SITE_LOCATION
305 S HUTCHINS ST
P_LOCATION
02
P_DISTRICT
004
QC Status
Approved
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I parties to the settlement file dispositional papers. Dispositional papers may include a request that the <br /> 2 court find that the settling defendants have settled in good faith. Those precise details need not be <br /> 3 repeated here except for a description of the condition subsequent to settlement. The condition <br /> 4 subsequent concerns"closure" of the environmental dispute with non-party San Joaquin County,and <br /> 5 indirectly,the present on-site landowner(also a non-party). Defendant Texaco will take the lead,and <br /> 6 will by itself,exercise good faith efforts to reach final agreement on those specific remediation <br /> 7 measures that the County will require before the County withdraws any administrative complaint(s) <br /> 8 that it has filed,or has proposed to file,with respect to site clean-up against the defendants to this <br /> 9 action. The settling defendants believed that they would,I be able to obtain a decision on closure within <br /> 10 � 150 days. <br /> 11 In recognition of the significant resolution of disputes that have been oracle between the <br /> 12 settling parties concerning monetary amounts to be paid to FDIC and the.individual contribution of <br /> 13 defendants thereto, as well as to facilitate the opportunity to resolve the equitable disputes before the <br /> 14 trial court concerning final remediation, andfinally, in order tominimize unnecessary fees and <br /> ,15 expenses in this litigation, the, action must,be stayed for a short.,period.of time. <br /> 16 Conclusion <br /> 17 Therefore,having obtained the approval of Judge Karlton..,this action is ordered stayed for <br /> 18 a period of one hundred and.fifty(150)days,from the filed date of this order. All dates scheduled in <br /> 19 this action are hereby vacated. and will be:reset,if necessary <br /> at the termination of the stay period. <br /> 20 ITIS SO ORDERM. <br /> 21 Dated: 41 /,,ZA U <br /> G! GLiews <br /> 22 ited States Ms iga <br /> st e Judge <br /> GGH:gh-.0p1-F61C.set <br /> 23 <br /> 24 <br /> 'The court,with the agreement of the settling parties, has considered and rejected the possibility <br /> 25 that the litigation could proceed at this time between the FDIC and defendant Douglas. If the condition <br /> subsequent were not to be satisfied.any discovery,motions, or other proceedings undertaken now <br /> 26 between FDIC and Douglas might well have to be duplicated if and when the settling defendants were <br /> forced back into litigation by failure ofthe:condition subsequent.. <br />
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