California Sportfishing Protection Alliance v. City of Stockton

Filing 16

ORDER signed by Senior Judge Lawrence K. Karlton on 01/12/2009 GRANTING 15 Stipulation To Extend Time To Answer Amended Complaint. IT IS ORDERED that the City of Stockton shall have a further extension to and including March 6, 2009, within which t o answer CSPA's Amended Complaint; it is further ORDERED that this extension to answer may be revoked upon written notice by either party in the event the conditions described in said Stipulation are not being met. If written notice is provided, the City of Stockton shall have 14 days within which to answer CSPA'a Amended Complaint. (Streeter, J)

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SOMACH SIMMONS & DUNN A Professional Corporation

SOMACH SIMMONS & DUNN A Professional Corporation Paul S. Simmons (Bar No. 127920) [e-mail] Theresa A. Dunham (Bar No. 187644) [e-mail] Kanwarjit S. Dua (Bar No. 214591) [e-mail] 813 Sixth Street, Third Floor Sacramento, CA 95814-2403 Tel: [phone]; Fax: [phone] Attorneys for Defendant CITY OF STOCKTON Daniel Cooper (Bar No. 153576) [e-mail] Drevet Hunt (Bar No. 240487) [e-mail] LAWYERS FOR CLEAN WATER, INC. 1004-A O'Reilly Avenue San Francisco, California 94129 Tel: [phone]; Fax: [phone] Michael Lozeau (Bar No. 142893) [e-mail] Douglas Chermak (Bar No. 233382) [e-mail] LOZEAU | DRURY LLP 1516 Oak Street, #216 Alameda, CA 94501 Tel: [phone]; Fax: [phone] Attorneys for Plaintiff, CALIFORNIA SPORTFISHING PROTECTION ALLIANCE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, v. CITY OF STOCKTON, a municipal corporation, Defendant. CASE NO. 2:08-cv-02184-LKK-KJM STIPULATION TO EXTEND TIME TO ANSWER AMENDED COMPLAINT AND ORDER

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STIPULATION TO EXTEND TIME TO ANSWER AMENDED COMPLAINT

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SOMACH SIMMONS & DUNN A Professional Corporation

WHEREAS, the California Sportfishing Protection Alliance (CSPA) served its amended complaint in the above-captioned case on October 29, 2008; WHEREAS, the initial deadline for the City of Stockton (the "City") to respond to CSPA's Amended Complaint was November 19, 2008; WHEREAS, the City and CSPA entered into a stipulation for a thirty (30) day extension pursuant to Local Rule 6-144(a) to and including December 19, 2008, for the City to answer CSPA's Amended Complaint; WHEREAS, the City and CSPA entered into a stipulation for a further twenty one (21) day extension for the City to answer CSPA's Amended Complaint; WHEREAS, the Court has continued this matter until March 9, 2009; WHEREAS, the City has agreed to work cooperatively with CSPA to settle this matter. To that end, the City agrees to the following conditions in exchange for an extension of time to answer: 1. The City and its technical staff (e.g., wastewater collection system and treatment plant engineers) will attend a settlement meeting ("Engineers Meeting") with CSPA and its technical consultants on or before January 16, 2009; 2. The City will provide CSPA with all documents requested by CSPA and its technical consultants, including any documents requested during the Engineers Meeting, within ten (10) calendar days of the request; 3. A further settlement meeting will be conducted no later than the week of February 2-6, 2009; 4. CSPA will provide the City with a draft consent decree within fourteen (14) days of the further settlement meeting; 5. A second further settlement meeting will be conducted in person within ten (10) days of CSPA's delivery of the proposed consent decree to the City; and 6. A final consent decree will be agreed upon, or the City shall answer CSPA's Amended Complaint on or before March 6, 2009.

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STIPULATION TO EXTEND TIME TO ANSWER AMENDED COMPLAINT

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SOMACH SIMMONS & DUNN A Professional Corporation

WHEREAS, the parties anticipate that provided the above schedule is met this matter will be resolved by a settlement and/or consent decree on or before March 9, 2009; WHEREAS, in the interests of efficiency and judicial economy, the parties wish to preserve costs incurred in this matter; THEREFORE, IT IS HEREBY STIPULATED by and between CSPA and the City, through their respective counsel of record, that the City shall have a further extension to and including March 6, 2009, within which to answer CSPA's Amended Complaint. IT IS HEREBY FURTHER STIPULATED by and between CSPA and the City, through their respective counsel of record, that this extension to answer may be revoked upon written notice by either party in the event the conditions described above are not being met. If written notice is provided, the City shall have fourteen (14) days within which to answer CSPA's Amended Complaint. Respectfully submitted, SOMACH SIMMONS & DUNN A Professional Corporation Dated: January 9, 2009 By: /s/ Kanwarjit S. Dua Kanwarjit S. Dua, Attorneys for Defendant CITY OF STOCKTON

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LAWYERS FOR CLEAN WATER, INC. Dated: January 9, 2009 By:/s/ Daniel Cooper (As Authorized on 1/9/09) Daniel Cooper, Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

STIPULATION TO EXTEND TIME TO ANSWER AMENDED COMPLAINT

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SOMACH SIMMONS & DUNN A Professional Corporation

ORDER IT IS HEREBY ORDERED: Dated: January 12, 2009.

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STIPULATION TO EXTEND TIME TO ANSWER AMENDED COMPLAINT -4-

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SOMACH SIMMONS & DUNN A Professional Corporation

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing will be e-filed on January 9, 2009, and will be automatically served upon counsel of record, all of whom appear to be subscribed to receive notice from the ECF system. /s/ Kanwarjit S. Dua Kanwarjit S. Dua

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STIPULATION TO EXTEND TIME TO ANSWER AMENDED COMPLAINT -5-

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