Arc Ecology, et al v United States Maritime Administration, et al

Filing 119

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/24/10 ORDERING the Final Pretrial Conference reset for 4/12/10 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint pretrial statement is to be filed seven days prior to the hearing. (Becknal, R)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division LESLIE M. HILL MICHELLE R. LAMBERT NORMAN RAVE Trial Attorneys United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, DC 20044-3986 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]; [e-mail] Attorneys for Defendants CHRISTIANA TIEDEMANN (Cal. Bar No. 105299) Supervising Deputy Attorney General TARA L. MUELLER (Cal. Bar No. 161536) Deputy Attorney General 1515 Clay Street, 20th Floor P. O. Box 70550 Oakland, CA 94612-0550 Telephone: [phone] (Mueller) [phone] (Tiedemann) Fax: [phone] Attorneys for the California Regional Water Quality Control Board, San Francisco Bay Region [Additional Counsel on Signature Page] UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ARC ECOLOGY, et al., Plaintiffs, and CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, v. UNITED STATES MARITIME ADMINISTRATION, et al., Defendants. Case No. 2:07-cv-2320-GEB-KJN JOINT STIPULATION AND ORDER FOR CONTINUANCE OF PRETRIAL

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The parties to the above captioned litigation stipulate to and respectfully propose the following: WHEREAS trial is currently set for June 8, 2010; WHEREAS to allow for continued efforts to resolve this litigation, on December 23, 2009 the parties moved to continue the trial, (Dkt. 109 and 109.3), and on December 29, 2009 the Court entered an order continuing the trial until June 8, 2010 and the final pre-trial conference until March 15, 2010 and requiring the final joint pretrial statement to be filed seven days before the pre-trial conference (Dkt. 112); WHEREAS the parties have engaged in lengthy settlement discussions and have reached a tentative settlement subject to management and client approval, but have not yet completed the formal management or client approval process; WHEREAS the record snow storms in the Washington, D.C. area and resulting government closures have delayed the Federal defendants' work on the settlement documents and completion of the management review approval process; WHEREAS the parties expect to complete the management review and approval process by the end of March, but the current pre-trial schedule would require the parties to cease work on settlement approval and prepare their joint pre-trial statement by March 8, 2010; and WHEREAS accordingly, in an effort to conserve judicial time and resources, the parties jointly request that the Court continue the pretrial conference presently set for March 15, 2010 to April 12, 2010, during which time the parties expect to complete the parties' settlement approval processes; and THEREFORE, the parties hereby stipulate as follows: The parties request that the Court continue the Final Pretrial Conference, currently scheduled for March 15, 2010, until April 12, 2010, or as soon thereafter as may be convenient for the Court.

For the Federal Defendants: IGNACIA S. MORENO Assistant Attorney General
Joint Stipulation and [Proposed] Order for Continuance of Pre-Trial Conference Civ. No. 07-2320-GEB-KJN

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1 2 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 February 23, 2010 By: For Plaintiff-Intervenor: February 23, 2010 By:

Environment & Natural Resources Division

/s/ Michelle R. Lambert LESLIE M. HILL MICHELLE R. LAMBERT Trial Attorneys United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, DC 20026-3986 Telephone: [phone] Facsimile: [phone]

EDMUND G. BROWN JR. Attorney General of the State of California

/s/ Christiana Tiedemann (as authorized 2/22/10) CHRISTIANA TIEDEMANN (Cal. Bar No. 105299) Supervising Deputy Attorney General TARA L. MUELLER (Cal. Bar No. 161536) Deputy Attorney General 1515 Clay Street, 20th Floor P. O. Box 70550 Oakland, CA 94612-0550 Telephone: [phone] (Mueller) [phone] (Tiedemann) Fax: [phone] Attorneys for the California Regional Water Quality Control Board, San Francisco Bay Region

Joint Stipulation and [Proposed] Order for Continuance of Pre-Trial Conference Civ. No. 07-2320-GEB-KJN

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For Environmental Plaintiffs: February 23, 2010 . By: /s/ Michael E. Wall (as authorized 2/22/10) MICHAEL E. WALL (Cal. Bar No. 170238) NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 20th Floor San Francisco, California 94104 Tel.: [phone]; Fax: [phone] E-mail: [e-mail] THOMAS CMAR (admitted pro hac vice) NATURAL RESOURCES DEFENSE COUNCIL 2 North Riverside Plaza, Suite 2250 Chicago, IL 60606-9997 Tel.: [phone]; Fax: [phone] E-mail: [e-mail] SCOTT ALLEN (Cal. Bar No. 178925) LARIVIERE, GRUBMAN & PAYNE 19 Upper Ragsdale Drive, Suite 200 Monterey, CA 93940 Tel.: [phone]; Fax: [phone] Email: [e-mail] DAVID A. NICHOLAS (admitted pro hac vice) 20 Whitney Road Newton, MA 02460 Tel.: [phone]; Fax: [phone] E-mail: [e-mail] Attorneys for plaintiffs Arc Ecology, San Francisco Baykeeper, and Natural Resources Defense Council, Inc.

Joint Stipulation and [Proposed] Order for Continuance of Pre-Trial Conference Civ. No. 07-2320-GEB-KJN

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1 2 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 Date: 2/24/10

ORDER The Final Pretrial Conference is rescheduled for April 12, 2010, at 2:30 p.m. A joint pretrial statement is to be filed seven days prior to the hearing.

It is so ORDERED.

GARLAND E. BURRELL, JR. United States District Judge

Joint Stipulation and [Proposed] Order for Continuance of Pre-Trial Conference Civ. No. 07-2320-GEB-KJN

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