California River Watch v. County of Madera

Filing 8

ORDER GRANTING plaintiff's ex parte application for relief from the scheduling conference deadlines and for a continuance of the Initial Scheduling Conference currently set for 2/19/2014 and CONTINUING it to 4/16/2014 at 10:30 AM before Magistrate Judge Sandra M. Snyder. Order signed by Magistrate Judge Sandra M. Snyder on 2/7/2014. (Rooney, M)

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Jack Silver, Esq. SB #160575
E-mail:[e-mail]
Law Office of Jack Silver
Post Office Box 5469
Santa Rosa, CA 95402-5469
Tel.[phone]
Fax.[phone]
David J. Weinsoff, Esq. SBN 141372
Email: [e-mail]
Law Office of David J. Weinsoff
138 Ridgeway Avenue
Fairfax, CA 94930
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiff
CALIFORNIA RIVER WATCH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA RIVER WATCH,
a 501(c)(3) nonprofit, public benefit
Corporation,

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v.

Plaintiff,

COUNTY OF MADERA, et al

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Defendants.

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/

Case No.: 1:13-cv-01893-AWI-SMS
EX PARTE REQUEST FOR RELIEF
FROM SCHEDULING CONFERENCE
SCHEDULE; DECLARATION OF
JACK SILVER; ORDER THEREON
[Civil L. R. 144(c)]
Date:
Time:
Ctrm:

February 19, 2014
8:30 a.m.
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Plaintiff CALIFORNIA RIVER WATCH hereby moves for relief from the Order

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Setting Mandatory Scheduling Conference issued by this Court on November 21, 2013 (Dkt

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#3) in that Plaintiff moves to extend all deadlines set in said Order for period of sixty (60)

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days.

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Dated: February 4, 2014

/s/ Jack Silver
JACK SILVER
Attorney for Plaintiff
CALIFORNIA RIVER WATCH

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Ex Parte Request for Relief From Scheduling Conference Schedule

DECLARATION OF JACK SILVER

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I am attorney for Plaintiff herein, have personal knowledge of all matters stated

herein, and, if called as a witness, could and would testify competently thereto.
2.

This action is a complaint for injunctive relief, civil penalties and restitution

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brought against Defendant County of Madera for current and ongoing violations of the Safe

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Drinking Water Act, 42 U.S.C. § 300f et seq. The action was filed on November 21, 2013.

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Defendant was served with the pleadings by way of Waiver of Service on December 11,

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2013 sent to Douglas Nelson, County Counsel for the County of Madera representing

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Defendant at that time.

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Defendant’s initial responsive pleading is due on February 10, 2014.

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3.

No appearance has been filed on behalf of Defendant.

On January 29, 2014 co-counsel for Plaintiff David Weinsoff was contacted by

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Attorney Matthew E. Fletcher of McCormick Barstow LLP who advised he would be

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assuming representation of the Defendant, and had only recently received the file. Attorney

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Fletcher advised that Defendant County of Madera was very interested in opening a dialogue

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regarding informal resolution of this case without the need for further litigation. Following

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that conversation, it was agreed that the parties would focus their efforts in the next few

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weeks on negotiating a resolution of Plaintiff’s claims as identified in the Complaint.

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4.

As the current scheduling Order includes the submission of a Joint Scheduling

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Report on February 12, 2014 and a Scheduling Conference on February 19, 2014, I

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respectfully request that all deadlines be extended for a period of sixty (60) days to allow the

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parties time to negotiate a resolution of this matter absent further litigation. No trial or

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pre-trial has been scheduled and no discovery has commenced.

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will not hinder or harm any proceedings in this matter.

The continuance requested

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct, and that this declaration was executed in Santa Rosa, California

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on February 4, 2014.

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Ex Parte Request for Relief From Scheduling Conference Schedule

/s/ Jack Silver
JACK SILVER

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ORDER

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GOOD CAUSE APPEARING, it is hereby,

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ORDERED, that the deadlines set forth in the Order Setting Mandatory

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Scheduling Conference be extended as follows:

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·
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Last day to confer re:
nature of claims and defenses
possibilities for prompt settlement/resolution
arrangement for Rule 26(a)(1) disclosures
development a proposed discovery plan

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March 26, 2014

Last day to file Joint Scheduling Report

April 9, 2014

Scheduling Conference - 10:30 a.m. - Courtroom 1

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April 16, 2014

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IT IS FURTHER ORDERED that the time within which a responsive pleading to
the Complaint may be filed by Defendant COUNTY OF MADERA is extended to March 19,
2014.

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Dated: __2/7/2014

/s/ SANDRA M. SNYDER
U.S. MAGISTRATE JUDGE

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Ex Parte Request for Relief From Scheduling Conference Schedule