Swenson v. Siskiyou County et al

Filing 248

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 02/02/16 ORDERING that the 02/09/16 trial and all related deadlines are VACATED and STAYED pending the completion of plaintiff's pursuit of administrative processes and proc edures in Siskiyou County; the parties will notify the court within 14 days of the conclusion of the administrative processes and proceedings to advise whether the matter has been resolved and the case may be dismissed, or to set the matter for trial. (Benson, A)

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1 2 3 4 CREGGER & CHALFANT LLP ROBERT L. CHALFANT, SBN 203051 Email: rlc@creggerlaw.com WENDY MOTOOKA, SBN 233589 Email: wm@creggerlaw.com 701 University Avenue, Suite 110 Sacramento, CA 95825 Telephone: (916) 443-4443 5 6 7 BRIAN L. MORRIS, SBN 222650 Siskiyou County Counsel P. O. Box 659 Yreka, CA 96097 Telephone: (530) 842-8100 8 9 10 11 Attorneys for Defendants SISKIYOU COUNTY, SISKIYOU COUNTY PLANNING COMMISSION, LAVADA ERICKSON, FRANK DEMARCO, BILL HOY, MARCIA ARMSTRONG, JIM COOK, RON STEVENS, JEFF FOWLE, CHRIS LAZARIS, and MIKE MCMAHON 12 13 14 15 16 CANNATA, O’TOOLE, FICKES & ALMAZAN LLP THERESE Y. CANNATA, SBN 88032 Email: tcannata@cofalaw.com MARK FICKES, SBN 178570 Email: mfickes@cofalaw.com 100 Pine Street, Suite 350 San Francisco, CA 94111 Telephone: (415) 409-8900 17 Attorneys for Plaintiff STANLEY SWENSON 18 19 UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA 21 22 STANLEY SWENSON, 23 24 25 26 No. 2:08-cv-01675 KJM CMK Plaintiff, STIPULATION TO VACATE AND STAY TRIAL AND RELATED DATES; ORDER THEREON vs. SISKIYOU COUNTY, et al., Defendants. 27 28 CREGGER & CHALFANT LLP 701 University Ave., #110 Sacramento, CA 95825 (916) 443-4443 STIPULATION TO VACATE AND STAY TRIAL DATE; PROPOSED ORDER Case No. 2:08-cv-01675 KJM CMK 1 1 Whereas, the parties attended a settlement conference conducted by Magistrate Kendall 2 Newman on December 22, 2015, at the U.S. District Court, and were unable to complete a 3 settlement of this action on that date; 4 Whereas, since December 22, 2015, the parties, with the assistance and involvement of 5 Magistrate Newman, have made progress towards eliminating contested issues and working 6 towards a mutually agreeable resolution of this matter, and have cooperated in identifying 7 possible steps towards resolution; 8 Whereas, Plaintiff Stanley Swenson intends to avail himself of the administrative 9 processes and procedures available in Siskiyou County for the purpose of pursuing and 10 conducting lawful mining activities pursuant to Siskiyou County codes and regulations and the 11 Surface Mining and Reclamation Act (“SMARA”); 12 Whereas, the administrative process will facilitate the settlement of this action, and if 13 settlement is not achieved, the administrative process will also reduce the number of contested 14 issues and therefore streamline the trial; 15 16 Whereas, the parties anticipate that the administrative processes and procedures could take approximately 6 to 7 months for completion. 17 Plaintiff Stanley Swenson and defendants Siskiyou County, Siskiyou County Planning 18 Commission, Lavada Erickson, Frank Demarco, Bill Hoy, Marcia Armstrong, Jim Cook, Ron 19 Stevens, Jeff Fowle, Chris Lazaris, and Mike McMahon (collectively “the Parties”), by and 20 through their respective counsel, hereby stipulate and agree as follows: 21 1. The trial of this matter currently set to commence February 29, 2016, and all 22 related deadlines, be vacated and stayed pending the completion of Plaintiff Stanley Swenson’s 23 pursuit of administrative processes and procedures pursuant to Siskiyou County codes and 24 regulations and SMARA; 25 2. The parties will contact Judge Mueller at the conclusion of Plaintiff Stanley 26 Swenson’s administrative process and proceedings to advise whether the matter has been resolved 27 and the case may be dismissed or to set the matter for trial. 28 CREGGER & CHALFANT LLP 701 University Ave., #110 Sacramento, CA 95825 (916) 443-4443 STIPULATION TO VACATE AND STAY TRIAL DATE; PROPOSED ORDER Case No. 2:08-cv-01675 KJM CMK 2 1 IT IS SO STIPULATED. 2 3 DATE: January 25, 2016 CREGGER & CHALFANT LLP 4 s/Robert L. Chalfant ROBERT L. CHALFANT WENDY MOTOOKA Attorneys for Defendants SISKIYOU COUNTY, SISKIYOU COUNTY PLANNING COMMISSION, LAVADA ERICKSON, FRANK DEMARCO, BILL HOY, MARCIA ARMSTRONG, JIM COOK, RON STEVENS, JEFF FOWLE, CHRIS LAZARIS, and MIKE MCMAHON 5 6 7 8 9 10 DATE: January 25, 2016 CANNATA, O’TOOLE, FICKES & ALAMAZAN LLP 11 s/Mark P. Fickes THERESE Y. CANNATA MARK FICKES Attorneys for Plaintiff STANLEY SWENSON 12 13 14 15 ORDER 16 FOR GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that 17 1. The trial of this matter currently set to commence February 29, 2016, and all 18 related deadlines, be vacated and stayed pending the completion of Plaintiff Stanley Swenson’s 19 pursuit of administrative processes and procedures in Siskiyou County; 20 2. The parties will notify the court within fourteen (14) days of the conclusion of 21 Plaintiff Stanley Swenson’s administrative processes and proceedings to advise whether the 22 matter has been resolved and the case may be dismissed, or to set the matter for trial. 23 24 IT IS SO ORDERED. DATED: February 2, 2016 25 26 UNITED STATES DISTRICT JUDGE 27 28 CREGGER & CHALFANT LLP 701 University Ave., #110 Sacramento, CA 95825 (916) 443-4443 STIPULATION TO VACATE AND STAY TRIAL DATE; PROPOSED ORDER Case No. 2:08-cv-01675 KJM CMK 3

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