USA v. El Dorado County, et al

Filing 420

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/19/11 ORDERING that the parties are ordered to submit the Status Report previously due 7/18/11 no later than 7/29/11. (Becknal, R)

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THOMAS M. BRUEN (SBN: 63324)
ERIK A. REINERTSON (SBN: 218031)
LAW OFFICES OF THOMAS M. BRUEN
A Professional Corporation
1990 N. California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]

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Attorneys for Defendant and Third Party Plaintiff
EL DORADO COUNTY, CALIFORNIA

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(Additional counsel on following page.)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,

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v.
EL DORADO COUNTY, CALIFORNIA; and
CITY OF SOUTH LAKE TAHOE,
CALIFORNIA,

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Case No.: 2:01-cv-01520 MCE GGH
DEFENDANT COUNTY OF EL DORADO
AND PLAINTIFF UNITED STATES OF
AMERICA’S STIPULATION REGARDING
STATUS REPORT SUBMISSION
DEADLINE; PROPOSED ORDER

Defendants.
AND RELATED ACTIONS

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________________________________________________________________________________
STIPULATION

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LOUIS B. GREEN, County Counsel (SBN: 057157)
MICHAEL J. CICCOZZI, Deputy County Counsel. (SBN: 134859)
COUNTY OF EL DORADO
330 Fair Lane
Placerville, CA 95667
Telephone:
[phone]
Email:
[e-mail]
RICHARD A. DONGELL (SBN: 128083)
THOMAS F. VANDENBURG (SBN: 163446)
DONGELL LAWRENCE FINNEY LLP
707 Wilshire Boulevard, 45th Floor
Los Angeles, CA 90017-3609
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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________________________________________________________________________________
STIPULATION

This Stipulation is entered into by and between Plaintiff United States of America (“United

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States”) and Defendant El Dorado County, California (“County”) by their respective undersigned

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counsel of record. By this Stipulation, the United States and County jointly request that the Court

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enter the following proposed order.
WHEREAS, on July 8, 2011, the Court issued an Memorandum and Order (“Order,” ECF.

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No. 416) granting the County’s Motion for Construction, Enforcement, and Modification of the

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PCD;
WHEREAS, the Order stated that an evidentiary hearing shall be conducted to determine the

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United States’ liability for additional costs paid by the County to construct the Final 100%
Remedial Design, and for any costs incurred by the County in completing said Design in the future;

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WHEREAS, the Order directed parties to meet and confer with respect to the discovery

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needed in advance of such a hearing, the anticipated length of the hearing, whether the hearing

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should be assigned to a special magistrate, and the suggested dates for the hearing;
WHEREAS, the Order directed the parties to submit such information to the Court in a

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Status Report to be submitted no later than 10 days following the filing of the Order, or July 18,

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2011;

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WHEREAS, counsel for the United States and the County have entered discussions
regarding the matters to be addressed in the Status Report;
WHEREAS, the governing body of the County, the Board of Supervisors (“Board”), is next

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scheduled to meet on July 19, 2011, when they will conduct a closed session meeting addressing

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this litigation;

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WHEREAS, the Board will then be able to provide County counsel and staff with direction

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regarding the matters to be addressed in the Status Report and the County’s ongoing discussion with

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the Untied States;

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WHEREAS, pending the July 19, 2011 meeting of the Board, the County is continuing to
construct the OU-1 Remedy at the Meyers Landfill;
NOW, THEREFORE, the United States and El Dorado County stipulate to and hereby
request that the Court enter a proposed order:
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________________________________________________________________________________
STIPULATION

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29, 2011.

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Extending the submission deadline of the Status Report from July 18, 2011 to July

IT IS SO STIPULATED.

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DATED: July 15, 2011

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/s/ Thomas M. Bruen
THOMAS M. BRUEN
Attorneys for Defendant
EL DORADO COUNTY

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LAW OFFICES OF THOMAS M. BRUEN,
A Professional Corporation

DATED: July 15, 2011

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UNITED STATES OF AMERICA
IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
U.S. Department of Justice

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/s/ Andrew J. Doyle
ANDREW J. DOYLE
Trial Attorney
Environmental Enforcement Section
Environment & Natural Resources Division
U.S. Department of Justice

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KARL J. FINGERHOOD
Trial Attorney
Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice

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________________________________________________________________________________
STIPULATION

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ORDER
IT IS HEREBY ORDERED that:

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1. The parties are ordered to submit the Status Report previously due July 18, 2011 no later

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than July 29, 2011.

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Date: 7/19/2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signatu re-END:

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c4d6b0d3

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________________________________________________________________________________
[Proposed] ORDER