USA v. El Dorado County, et al

Filing 453

STIPULATION and ORDER 452 for stay signed by Chief Judge Morrison C. England, Jr. on 1/28/2015. The 449 Briefing Schedule, as modified on 1/6/2015, is STAYED pending further Order of Court. Parties are ordered to file a Joint Status Report every 60 days. The first such report must be filed not later than 60 days after this Order is electronically filed. (Marciel, M)

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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,
v.

Case No.: S-01-1520 MCE GGH
STIPULATION FOR STAY OF BRIEFING
SCHEDULE and ORDER

EL DORADO COUNTY, CALIFORNIA; and
CITY OF SOUTH LAKE TAHOE,
CALIFORNIA,
Defendants.
AND RELATED ACTIONS

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________________________________________________________________________________
Stipulation For Stay of Briefing Schedule and
Order

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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]

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________________________________________________________________________________
Stipulation For Stay of Briefing Schedule and
Order

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WHEREAS, on July 8, 2011 (ECF No. 416) the Court entered an Order granting El Dorado
County’s (“County”) Motion to Modify the Consent Decree in this matter;
WHEREAS, by Order dated October 29, 2014 (ECF No. 445) the Court ordered further
briefing on the issues remaining in this dispute between the County and the United States
(“Briefing”);
WHEREAS, the Court’s Order required the County to file an opening brief by November

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28, 2014; the United States to file a response brief by January 2, 2015; and the County to file a reply

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brief by January 16, 2015;

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WHEREAS, on November 28, 2014, the County filed its opening brief (ECF No. 446);

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WHEREAS, on December 3, 2014, the parties had an in-person mediation to attempt to
resolve the remaining issues in dispute before the District Court as well as some additional issues;
WHEREAS, in light of the parties’ progress at mediation, on January 6, 2015, the Court
granted the parties’ request to extend the deadline by which the United States must filed its response
brief until February 2, 2015. (ECF No. 449);
WHEREAS, the parties continue to make progress toward a settlement agreement that
would moot the necessity of the Briefing;
IT IS HEREBY STIPULATED AND AGREED that the remaining briefing schedule, as
modified by Order entered January 6, 2015 is hereby STAYED. The due date of the United States’
response brief shall be continued indefinitely, and shall be due 30 days after one party notifies the

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other party, in a notice filed with the Court, that it wishes to re-commence the Briefing Schedule.

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Any reply on behalf of the County must be filed no later than 15 days after the United States files its

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response brief.

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///

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________________________________________________________________________________
Stipulation For Stay of Briefing Schedule and
Order

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DATED: January 27, 2015

Respectfully submitted,

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FOR THE UNITED STATES OF AMERICA

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JOHN C. CRUDEN
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 Defense Section
Environment & Natural Resources Division
U.S. Department of Justice

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KARL J. FINGERHOOD
Senior Counsel
Environmental Enforcement Section
Environment & Natural Resources Division
U.S. Department of Justice

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BENJAMIN B. WAGNER
United States Attorney

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FOR DEFENDANT EL DORADO COUNTY, CALIFORNIA:

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LAW OFFICES OF THOMAS M. BRUEN
A Professional Corporation

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Dated: January 27, 2015

__/s/ Thomas M. Bruen ___________
THOMAS M. BRUEN (SBN: 63324)
1990 N. California Boulevard, Suite 620
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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________________________________________________________________________________
Stipulation For Stay of Briefing Schedule and
Order

ORDER

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Upon consideration of the Parties’ Stipulation and Motion for Stay of Briefing Schedule, the

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briefing schedule, as modified on January 6, 2015, is stayed pending further order of the Court. The

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parties are ordered to file a joint status report every 60 days; the first such report must be filed not
later than sixty (60) days after this Order is electronically filed.
IT IS SO ORDERED.
Dated: January 28, 2015

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________________________________________________________________________________
Stipulation For Stay of Briefing Schedule and
Order