JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADDITIONAL UNDISPUTED FACTS

ANTHONY W. ISHII, Senior District Judge.

Plaintiff Mission Linen Supply ("Plaintiff Mission"), by and through its attorneys of record, Gualco Law and Lori J. Gualco, and Greben & Associates and Jan A. Greben, and Defendant City of Visalia ("Defendant City"), by and through its attorneys of record, Herr, Pedersen & Berglund LLP and Leonard C. Herr and Caren L. Curtiss, having met and conferred on the issue of agreeing to additional Undisputed Facts to be added to the Amended Pretrial Order [Document 68] and the Joint Stipulation to Correct Typographical Errors in the Undisputed Facts Section of The Amended Pretrial Order; and Order [Document 71], hereby stipulate and agree that good cause exists for the addition of the following Undisputed Facts:

1. The City's sewer mains and trunks, only (without admission of any other portion of the sewer system, including the side sewers, laterals and/or wyes), are a facility within the meaning of CERCLA.

2. The City is a covered person within the meaning of 42 U.S.C. § 9607 (a)(1) as the owner and operator of the sewer mains and trunks (facility).

3. Plaintiff has incurred at least some necessary response costs to meet the minimal threshold required for establishing its CERCLA claims against the City. The Parties dispute whether Mission Linen's response actions were consistent with the

National Contingency Plan with respect to public participation. Additionally, the issues of allocation and/or damages remain an issue for trial and the Parties' do not waive any argument regarding these matters.

Plaintiff Mission and Defendant City jointly move for an order regarding the above additional Undisputed Facts to the Amended Pretrial Order.

ORDER

Based on the above Joint Stipulation of Plaintiff Mission Linen Supply and Defendant City of Visalia, IT IS HEREBY ORDERED that the following additional Undisputed Facts be added to the Amended Pretrial Order [Document 68] and the Joint Stipulation to Correct Typographical Errors in the Undisputed Facts Section of The Amended Pretrial Order; and Order [Document 71]:

1. The City's sewer mains and trunks, only (without admission of any other portion of the sewer system, including the side sewers, laterals and/or wyes), are a facility within the meaning of CERCLA.

2. The City is a covered person within the meaning of 42 U.S.C. § 9607 (a)(1) as the owner and operator of the sewer mains and trunks (facility).

3. Plaintiff has incurred at least some necessary response costs to meet the minimal threshold required for establishing its CERCLA claims against the City.

The Parties dispute whether Mission Linen's response actions were consistent with the National Contingency Plan with respect to public participation. Additionally, the issues of allocation and/or damages remain an issue for trial and the Parties' do not waive any argument regarding these matters.

IT IS SO ORDERED.