Service: Litigation Support

The Reynolds Group provides litigation support and strategic advise for litigation.

Support includes, and is not limited to: preparing technical litigation presentations using closed-circuit television images, forensic sampling techniques, subsurface surveys, and data visualization software; technical review of laboratory data; depositions, technical report reviews; historical aerials.

The Reynolds Group also assists attorneys in locating and interviewing testifying experts in the areas of forensic chemistry, photogrammetry, asphalt manufacturing, and foundry operations.

Mr. Reynolds provided expert services for a defendant in the case of Environmental Assessment and Remediation Management, Inc. Plaintiff v. College Valero; Pragnesh Desai; Mahesh Desai; Tej Desais and Does 1 to 100, Case No. CIV 230585 in 2005 for Superior Court of the State of California for the County of Ventura in which there was a dispute over the nature of the contract and the costs claimed for an underground storage tank upgrade project and construction of a mini-mart.

Mr. Reynolds worked for the defendant in the case of People of the State of California, et al. v Crose, et al. Case Nos. T03/0694C and T03/0571C - [Consolidated Cases]. The case involved determining the role of the defendant in contributing to pollution.

Mr. Reynolds provided expert work in a case involving the potential malpractice of an Environmental Professional who provided consultation and regulatory interaction to a client who was negotiating a real estate transaction.

Mr. Reynolds is providing litigation support services in a case in San Diego involving responsibility and allocation of costs for a contaminant release that occurred in the early 1900's and which was discovered by the local redevelopment authority during the demolition and development of the site.

Mr. Reynolds is providing expert services to legal counsel in a lawsuit involving diminution of real estate value caused by the off-site contamination to a residential apartment complex from a next door gasoline station.

Mr. Reynolds is providing expert services to the attorneys of a real estate owner who are trying to recover costs and value for contamination that was caused by a former big oil company that operated on the site. The real estate owner is suing the former operator to clean up the property and Mr. Reynolds is assisting in identifying the data linking the case to the former operator.

Mr. Reynolds is providing expert services to the attorneys in a real estate transaction wherein the property buyer sought to obtain a favorable purchase price by assuming the potential costs of remediation.

Mr. Reynolds is providing expert services and advice to legal counsel in a real estate matter involving a former World War II airplane wing manufacturer with respect to working with the local Regional Water Quality Control Board to obtain no further action on the case.

Mr. Reynolds provided expert services to legal counsel in a matter involving a previous consultant's reported findings at a dry cleaner as the owner/lessor of the retail space sought recourse to the former dry cleaner for contamination caused by the dry cleaning activities.

Mr. Reynolds provided a deposition in a lawsuit between a former landowner and an underground storage tank operator regarding the responsibility and necessity of further assessment and remediation of a site in Los Angeles, California where leaking underground storage tanks had been discovered. Sealy Mattress Manufacturing Company, Inc., a Delaware corporation v. American House Moving Inc., a California corporation, Sealy Industrial, Inc., a California corporation, f/k/a Chester Sealy House Moving Corporation, Joseph Hertherington, an individual and DOES 1 through 100 inclusive, Case No. CV-97-4299 R (AJWx), United States District Court, Central District of California, Western Division.

Mr. Reynolds provided expert services for a defendant in the case of the People of the State of California; and City of Lodi, California v. M & P Investment, et al., Case No. CIV-S-00-2441 FCD JFM, United States District Court, Eastern District of California, in which the client/defendant was accused of being a responsible party to the case.

Mr. Reynolds went to St. Croix in the United States Virgin Islands and collected environmental data in a case called Hansen, et al. v. St. Croix Alumina, LLC, et al., Civil No. 0036/99, in the United States Federal District Court of the Virgin Islands, Division of St. Croix. This toxic tort case involved the citizens downwind of a bauxite facility that was damaged during a hurricane and the alleged spread of red dust throughout the community and into the cisterns.

Mr. Reynolds provided expert services in the case of People of the State of California et al., v Crose et al. Nevada County Superior Court, Truckee Session, Case Nos. T03/0694C and T03/0571C (Consolidated Cases) regarding the nature and extent of case leaks in USTs that might be caused by the lack of a striker plate in the bottom of a tank.

Mr. Reynolds provided expert services and court testimony in the case of EAR, etc. vs. College Valero, etc. et al. Case No. CIV230585 in the Superior Court of Ventura County. The case revolved around payments and change order claims for a contractor related to the demolition and construction of a gasoline station.

Mr. Reynolds provided expert services in the case of Tait Environmental Management, Inc., a California corporation; Tait & Associates, Inc. a California corporation v. Erik Johnson, an individual, Edward Batlle, an individual; Jacob & Hefner Associates, P.C., Case No. 06CC07766, Superior Court of the State of California, County of Orange- Central Justice Center, in which the plaintiff was attempting to recover damages from employees who left its employment with company confidential information.

Mr. Reynolds provided expert services in the case of Beverly Lynn Gabrielson et al. v. Laura Gomez et al. La Boutique Dry Cleaners. 13702 Ventura, Sherman Oaks, California. United States District Court, Central District of California Western Division. Case No. CV-08-06442 AHM (AJWx). His consulting work related to the responsibility of a dry cleaner for contamination of the soils and groundwater. The case involved separating responsibilities and Mr. Reynolds work justified the expenses and rationale for the technical approach to assessing the contamination, interacting with the regulatory agencies, and ultimately receiving a "no further action" determination from the Los Angeles Regional Water Quality Control Board.

In 2010, Mr. Reynolds provided expert services in the case of Gadi Emein, Ventura Shoup Carwash, Inc. and Ventura Shoup Property, Inc. vs ones Kabir, Soil Pacific, Inc., and a cross-complaint by Soil Pacific, Inc. against the same named Plaintiffs. This was pending as Orange County Superior Court Case No. 30-2009000296983. This case involved a consultant who had been defrauded by his client for work performed in connection with a California Leaking Underground Storage Tank Case. Mr. Reynolds and his legal preparation team reviewed the history of costs incurred on the project and the technical methodologies used to clean the soil and groundwater. He was requested to opine on the reasonableness of costs and methodologies. The court ruled favor of the consultant.

DRY CLEANER SOIL AND GROUNDWATER REMEDIATION (6597.VI)

Client: DOUBLETREE CHEVIOT HOLDINGS, LLC
Proj Mgr: Al Fuan
Completed: In Progress
Industry: Real Estate Managers/owners
Drycleaners
Service: Soil Remediation
Litigation Support
Regulatory Response & Negotiation
Health Risk Assessments
Groundwater Monitoring
Groundwater Remediation
This active, contaminated dry cleaner site is found in an urban retail shopping center. Decades of dry cleaning activities at the site have impacted the soil and groundwater with PCE. The owner of the retail center is seeking reimbursement from both current and former dry cleaner operators, and there is litigation pending on payment for cleaning up the source of PCE with the dry cleaner operators. To avoid a protracted cleanup schedule and reduce litigation costs, TRG was retained by the land owner to assess and cleanup the site. Moving into the remediation phase involved coordination with a large number of permitting agencies to perform assessments, constructing a remediation system, operating the remediation system (vapor extraction and air sparging), and monitoring discharges. A major law firm is involved in overseeing The Reynolds Group's work with an eye towards efficiency and minimizing third party liability. TRG is working closely with legal counsel as they seek input into the sources of PCE and cost basis of remediation.

Drycleaner PCE Contamination (6875.VI)

Client: STANDARD INSURANCE COMPANY
Proj Mgr: Al Fuan
Completed: In Progress
Industry: Drycleaners
Insurance Companies
Real Estate Managers/owners
Service: Soil Remediation
Litigation Support
Regulatory Response & Negotiation
Soil Vapor Extraction
Health Risk Assessments
Site Assessment
Operations And Maintenance Of Remediation Systems
Standard Insurance Corporation (Standard) is a publicly traded Fortune 500 corporation and Exxon Mobil Corporation is one of the largest oil companies in the world. In this project, The Reynolds Group is untangling the liabilities and cost responsibilities of a commingled plume. The case is being overseen by the California Department of Toxic Substances Control (DTSC) and involves drafting and implementing work plans under the DTSC s stringent Quality Assurance/ Quality Control requirements. Several prominent law firms are engaged in this matter. DTSC and client interaction are critical to the effective advancement of the project. Standard is pleased with The Reynolds Group's performance. The case involves the assessment and remediation of chlorinated compounds associated with a commercial facility that are commingled with contaminants associated with the Exxon Mobil operation.

The Reynolds Group completed the assessment under DTSC guidelines and is currently removing volatile organic compounds (VOCs) from the subsurface via soil vapor extraction. The Reynolds Group will commence remediation of the groundwater soon. Because of the sites proximity to a residential neighborhood, The Reynolds Groups Health Risk Assessment (HRA) capabilities are also utilized.

Major Retail Shopping Center DeMinimus Status (6782.XIV)

Client: MAJOR CONFIDENTIAL RETAIL CENTER OWNER
Proj Mgr: Ed Reynolds Jr.
Completed: 06/07/2008
Industry: Real Estate Developers
Service: Usepa Superfund -- Responsible Party Representation
Litigation Support
Regulatory Response & Negotiation
Health Risk Assessments
Site Assessment
This Regional Shopping Center lies in an area that is being considered for Superfund status because of its location relative to a regional groundwater contamination issue. The client has been designated as a potential Responsible Party (PRP). The site also lies near a major stream tributary and soil conditions are very rocky. The Reynolds Group was able to bring the client back into the good graces of the regulatory agency by negotiating a reasonable scope of work for additional site assessment. The Reynolds Group also performed a detailed review of adjacent potential cases that highlighted the possibility of off-site contamination. The investigation including installing "semi-permanent" soil vapor probes to a depth greater than 150 feet below ground surface and sampling them. Based on the results of the sampling The Reynolds Group prepared an expert's consulting report that detailed why the client should be considered at most a "de minimis" contributor to any regional groundwater issue. TRG noted that there is a neighboring large contributor to the contamination that seems to have caused most of the problems. The Reynolds Group is currently working to minimize the clients PRP liability and is working closely with legal counsel to craft strategies regarding coordinating work with the off-site PRP.

Legal Services for a Car Wash (5316.I)

Client: ENVIRONMENTAL ATTORNEY
Proj Mgr: Tabitha Esther
Completed: 09/28/2012
Industry: Attorneys
Service: Litigation Support
The City of Santa Monica has had some of their drinking water wells shut down due to contamination. TRG's Santa Monica based client required multiple aspects of environmental legal services. In one aspect, TRG's client was being pursued by the U.S. EPA for having disposed de minimis wastes in a landfill that subsequently became designated as a Superfund site. The U. S. EPA sought reimbursement for large costs associated with the de minimus waste. TRG prepared technical historical documentation and the environmental attorney was able to resolve the matter in a de minimus manner. Concurrently, the City of Santa Monica threatened action against TRG's client for potential diminution of value due to a contamination emanating from its clients site onto the City of Santa Monica's property. Working with the environmental attorney The Reynolds Groups team was able to placate the City of Santa Monica's concerns.

Real Estate Transaction (6678.I)

Client: REAL ESTATE ATTORNEY
Proj Mgr: Ed Reynolds Jr.
Completed: 01/19/2011
Industry: Attorneys
Service: Real Estate Due Diligence And Transaction Support
Litigation Support
The Reynolds Group has had another relationship with a real estate attorney whose clients are real estate trusts and mid-size financial institutions since 1989. TRG was able to obtain regulatory closure for a case in Cabot Road Road approaching Laguna Hills for a private real estate owner. Most recently, The Reynolds Group was called in to provide transactional advice, tenant audits, and tenant-owner negotiations, and Phase II environmental services that that advance client protection of environmental liability.

Contamination Findings (7362.I)

Client: ENVIRONMENTAL ATTORNEY
Proj Mgr: Al Fuan
Completed: In Progress
Industry: Attorneys
Service: Real Estate Due Diligence And Transaction Support
Litigation Support
The Reynolds Group is working with an environmental team for a proprietary client on a matter that involves the Orange County Water District and the Santa Ana Regional Water Quality Control Board in Central Orange County. A number of consultants have worked on the project over two decades. The Reynolds Group was the first one to propose linking a number of sites together to look a causation of contamination and reasonable remedies including buyout of the liability. The Reynolds Groups reasonable and measured approach to the project allows its client to satisfy regulatory requirements, plan cash flow, and move toward reasonable, less surprising legal and financial future outcomes.

Expert Witness (7670.I)

Client: WAGSTAFF & CARTMELL
Proj Mgr: Ed Reynolds Jr.
Completed: 01/17/2012
Industry: Attorneys
Metal Finishers
Manufacturers
Service: Litigation Support
Hexavalent Chromium Clean-up
Brownfields/redevelopment
In 2011 through 2012, Ed Reynolds services were engaged in the matter of "S. Berry Johnson, et al., vs. Prime Tanning Corp., et al, Case No. 09BU-CV06421" for the law firms of Wagstaff & Cartmell and Girardi & Keese. Mr. Reynolds provided two expert opinions: the cost to cure chromium impacted farmland, and the relative cost to cure related to the value of their farmland. Mr. Reynolds provided expert consulting services, preparation and pre-trial deposition services. Mr. Reynolds worked with Counsel Tom Wagstaff and began pre-trial preparation for trial in Circuit Court of Buchanan County, Missouri. However, the engagement was terminated when a confidential settlement agreement was reached.
Environmental Consulting & Environmental Contracting
Environmental Consulting & Environmental Contracting
Environmental Consulting & Environmental Contracting
Environmental Consulting & Environmental Contracting