California River Watch v. County of Fresno

Filing 13

STIPULATION and ORDER CONCERNING PLEADINGS AND CONTINUING INTIAL SCHEDULING CONFERENCE DATE. The Initial Scheduling Conference set for December 11, 2014 at 11:00 AM is now set for February 19, 2015 at 11:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 10/30/2014. (Yu, L)

1
2
3
4
5

DANIEL C. CEDERBORG
County Counsel
BRUCE B. JOHNSON
Principal Deputy County Counsel – SBN 142968
FRESNO COUNTY COUNSEL
2220 Tulare Street, Suite 500
Fresno, California 93721

6

Telephone: [phone]
Facsimile: [phone]

7

Attorneys for Defendant, COUNTY OF FRESNO

8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

11
12

CALIFORNIA RIVER WATCH,

13

Case No. 1:14-cv-01501-MJS
STIPULATION AND ORDER
CONCERNING PLEADINGS AND
CONTINUING INITIAL SCHEDULING
CONFERENCE DATE

Plaintiff,

14
v.

15
16
17

COUNTY OF FRESNO; DOES
1-10, Inclusive
Defendants.

18
19
20

RECITALS

21

In plaintiff’s original Complaint, plaintiff alleges that defendant, COUNTY OF FRESNO

22

(“the County”), violated provisions of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. §§

23

300f, et seq. The County filed its Answer to Complaint (Doc. # 5) on October 21, 2014. After

24

the County filed its Answer, the parties filed pleadings consenting to the jurisdiction of U.S.

25

Magistrate Judge Michael J. Seng. In response, the Court entered a text-only minute order

26

reassigning the case to Judge Seng. (Doc. # 9.) Thereafter, the Court entered another text-only

27

minute order setting an Initial Scheduling Conference for December 11, 2014, at 11:00 a.m. in

28

Courtroom 6 (Judge Seng’s courtroom). (Doc. # 10.)
Stipulation and Order

1

Case No. 1:14-cv-01501

1

On September 25, 2014, plaintiff also served upon the County a notice of intent to sue

2

under the federal Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901, et

3

seq. Plaintiff avers that the RCRA notice is founded upon the same basic set of facts as the

4

instant lawsuit, which presently contains only an SDWA-based claim for relief. Plaintiff further

5

avers that plaintiff is precluded from filing a RCRA-based suit until 90 days after service of the

6

RCRA notice. Plaintiff further avers that plaintiff intends to amend the above-referenced lawsuit

7

to include a RCRA-based claim for relief, but cannot do so until after the Court’s recently-

8

calendared Initial Scheduling Conference (again: December 11, 2014).
The parties agree that optimally, the operative pleadings – complaint and answer --

9
10

should be settled before a Joint Scheduling Report is required to be filed and an Initial

11

Scheduling Conference is to be held. For that reason, the parties stipulate and agree as provided

12

below.
STIPULATION

13
14

IT IS STIPULATED AND AGREED that:

15

1.

Plaintiff may file a First Amended Complaint no later than January 8, 2015.

16

2.

The County may file a pleading responsive to the First Amended Complaint no

17
18

later than twenty-one (21) days after plaintiff files and serves the First Amended Complaint.
3.

On or before February 12, 2015, the parties shall file in CM/ECF, and e-mail to

19

[e-mail], a Joint Scheduling Report, carefully prepared by the parties and

20

signed by all counsel.

21

4.

An Initial Scheduling Conference shall be, and is, set for February 19, 2015, at

22

11:00 a.m. in Courtroom 6 (MJS), before Magistrate Judge Michael J. Seng.

23

Dated: October 30, 2014

DANIEL C. CEDERBORG
County Counsel

24
25

S/ Bruce B. Johnson
By:

26

BRUCE B. JOHNSON
Principal Deputy, Attorneys for
Defendant, COUNTY OF FRESNO

27
28
Stipulation and Order

2

Case No. 1:14-cv-01501

1

Dated: October 30, 2014

LAW OFFICE OF DAVID J. WEINSOFF

2
S/ David J. Weinsoff
3

By:
DAVID J. WEINSOFF, Esq.
Attorneys for Plaintiff, CALIFORNIA
RIVER WATCH

4
5
6
7

ORDER

8
The Court, having reviewed the foregoing recitals and stipulation in Case No. 1:14-cv9
10

01501-MJS , and finding good cause exists, hereby ORDERS the stipulation APPROVED.

11
12

IT IS SO ORDERED.

13
14

Dated:

October 30, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19

____________________________

20
21
22
23
24
25
26
27
28
Stipulation and Order

3

Case No. 1:14-cv-01501

1
2
3
4
5

PROOF OF SERVICE

6

California River Watch v. County of Fresno, et al.
United States District Court 1:14-CV-01501-MJS

7

I, JOAN CUADROS, declare as follows:

8
9
10

I am a resident of the State of California, over the age of eighteen years, and not a
party to the within action. I am employed at the Fresno County Counsel’s Office, 2220 Tulare
Street, Fifth Floor, Fresno, California, 93721.

11
On October 30, 2014, I served a copy(ies) of the within documents

12
13

STIPULATION AND ORDER CONCERNING PLEADINGS AND CONTINUING INITIAL
SCHEDULING CONFERENCE DATE

14
15
16
17
18
19
20
21

on the interested party(ies) in said action addressed as follows:
Jack Silver, Esq.
Law Office of Jack Silver
Post Office Box 5469
Santa Rosa, CA 95402-5469

Via electronic filing

David J. Weinsoff, Esq.
Law Office of David J. Weinsoff
138 Ridgeway Avenue
Fairfax, CA 94930

Via electronic filing

22

by placing the document(s) listed above for mailing in the United States mail at
Fresno, California, in accordance with my employer's ordinary practice for collection
and processing of mail, and addressed as set forth above.

23
24

by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth above.

25
26
27
28

X

via electronic filing. The above party/ies is/are registered with the United States
District Court to receive notice of electronically filed documents. Per ECF rules, hard
copies must be served only on parties who are not set up for electronic notification.

Stipulation and Order

4

Case No. 1:14-cv-01501

1

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on October 30, 2014, at Fresno, California.

2
S/ Joan Cuadros
JOAN CUADROS

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation and Order

5

Case No. 1:14-cv-01501