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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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
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BRIAN L. MORRIS, SBN 222650
Siskiyou County Counsel
P. O. Box 659
Yreka, CA 96097
Telephone: (530) 842-8100
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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
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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
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Attorneys for Plaintiff STANLEY SWENSON
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STANLEY SWENSON,
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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.
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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
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Whereas, the parties attended a settlement conference conducted by Magistrate Kendall
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Newman on December 22, 2015, at the U.S. District Court, and were unable to complete a
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settlement of this action on that date;
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Whereas, since December 22, 2015, the parties, with the assistance and involvement of
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Magistrate Newman, have made progress towards eliminating contested issues and working
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towards a mutually agreeable resolution of this matter, and have cooperated in identifying
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possible steps towards resolution;
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Whereas, Plaintiff Stanley Swenson intends to avail himself of the administrative
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processes and procedures available in Siskiyou County for the purpose of pursuing and
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conducting lawful mining activities pursuant to Siskiyou County codes and regulations and the
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Surface Mining and Reclamation Act (“SMARA”);
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Whereas, the administrative process will facilitate the settlement of this action, and if
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settlement is not achieved, the administrative process will also reduce the number of contested
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issues and therefore streamline the trial;
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Whereas, the parties anticipate that the administrative processes and procedures could take
approximately 6 to 7 months for completion.
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Plaintiff Stanley Swenson and defendants Siskiyou County, Siskiyou County Planning
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Commission, Lavada Erickson, Frank Demarco, Bill Hoy, Marcia Armstrong, Jim Cook, Ron
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Stevens, Jeff Fowle, Chris Lazaris, and Mike McMahon (collectively “the Parties”), by and
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through their respective counsel, hereby stipulate and agree as follows:
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1.
The trial of this matter currently set to commence February 29, 2016, and all
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related deadlines, be vacated and stayed pending the completion of Plaintiff Stanley Swenson’s
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pursuit of administrative processes and procedures pursuant to Siskiyou County codes and
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regulations and SMARA;
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2.
The parties will contact Judge Mueller at the conclusion of Plaintiff Stanley
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Swenson’s administrative process and proceedings to advise whether the matter has been resolved
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and the case may be dismissed or to set the matter for trial.
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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
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IT IS SO STIPULATED.
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DATE: January 25, 2016
CREGGER & CHALFANT LLP
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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
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DATE: January 25, 2016
CANNATA, O’TOOLE, FICKES & ALAMAZAN LLP
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s/Mark P. Fickes
THERESE Y. CANNATA
MARK FICKES
Attorneys for Plaintiff STANLEY SWENSON
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ORDER
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FOR GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that
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1.
The trial of this matter currently set to commence February 29, 2016, and all
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related deadlines, be vacated and stayed pending the completion of Plaintiff Stanley Swenson’s
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pursuit of administrative processes and procedures in Siskiyou County;
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2.
The parties will notify the court within fourteen (14) days of the conclusion of
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Plaintiff Stanley Swenson’s administrative processes and proceedings to advise whether the
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matter has been resolved and the case may be dismissed, or to set the matter for trial.
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IT IS SO ORDERED.
DATED: February 2, 2016
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UNITED STATES DISTRICT JUDGE
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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
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