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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1 2 3 4 5 6 7 8 9 Jack Silver, Esq. SB #160575 Law Office of Jack Silver Post Office Box 5469 Santa Rosa, CA 95402-5469 Tel.(707) 528-8175 Fax.(707) 528-8675 David J. Weinsoff, Esq. SBN 141372 Email: Law Office of David J. Weinsoff 138 Ridgeway Avenue Fairfax, CA 94930 Tel. (415) 460-9760 Fax. (415) 460-9762 Attorneys for Plaintiff CALIFORNIA RIVER WATCH 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 CALIFORNIA RIVER WATCH, a 501(c)(3) nonprofit, public benefit Corporation, 15 16 v. Plaintiff, COUNTY OF MADERA, et al 17 Defendants. 18 / 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. 1 19 20 Plaintiff CALIFORNIA RIVER WATCH hereby moves for relief from the Order 21 Setting Mandatory Scheduling Conference issued by this Court on November 21, 2013 (Dkt 22 #3) in that Plaintiff moves to extend all deadlines set in said Order for period of sixty (60) 23 days. 24 25 26 Dated: February 4, 2014 /s/ Jack Silver JACK SILVER Attorney for Plaintiff CALIFORNIA RIVER WATCH 27 28 1 Ex Parte Request for Relief From Scheduling Conference Schedule DECLARATION OF JACK SILVER 1 2 3 4 1. 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 5 brought against Defendant County of Madera for current and ongoing violations of the Safe 6 Drinking Water Act, 42 U.S.C. § 300f et seq. The action was filed on November 21, 2013. 7 Defendant was served with the pleadings by way of Waiver of Service on December 11, 8 2013 sent to Douglas Nelson, County Counsel for the County of Madera representing 9 Defendant at that time. 10 Defendant’s initial responsive pleading is due on February 10, 2014. 11 3. No appearance has been filed on behalf of Defendant. On January 29, 2014 co-counsel for Plaintiff David Weinsoff was contacted by 12 Attorney Matthew E. Fletcher of McCormick Barstow LLP who advised he would be 13 assuming representation of the Defendant, and had only recently received the file. Attorney 14 Fletcher advised that Defendant County of Madera was very interested in opening a dialogue 15 regarding informal resolution of this case without the need for further litigation. Following 16 that conversation, it was agreed that the parties would focus their efforts in the next few 17 weeks on negotiating a resolution of Plaintiff’s claims as identified in the Complaint. 18 4. As the current scheduling Order includes the submission of a Joint Scheduling 19 Report on February 12, 2014 and a Scheduling Conference on February 19, 2014, I 20 respectfully request that all deadlines be extended for a period of sixty (60) days to allow the 21 parties time to negotiate a resolution of this matter absent further litigation. No trial or 22 pre-trial has been scheduled and no discovery has commenced. 23 will not hinder or harm any proceedings in this matter. The continuance requested 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct, and that this declaration was executed in Santa Rosa, California 26 on February 4, 2014. 27 28 2 Ex Parte Request for Relief From Scheduling Conference Schedule /s/ Jack Silver JACK SILVER 1 2 ORDER 3 4 GOOD CAUSE APPEARING, it is hereby, 5 ORDERED, that the deadlines set forth in the Order Setting Mandatory 6 Scheduling Conference be extended as follows: 7 8 9 10 · · · · 11 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 - March 26, 2014 Last day to file Joint Scheduling Report April 9, 2014 Scheduling Conference - 10:30 a.m. - Courtroom 1 12 - April 16, 2014 13 14 15 16 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. 17 18 19 Dated: __2/7/2014 /s/ SANDRA M. SNYDER U.S. MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 3 Ex Parte Request for Relief From Scheduling Conference Schedule

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