Coalition for a Sustainable Delta et al v. City of Stockton et al

Filing 91

ORDER signed by Judge John A. Mendez on 8/22/2011 re 90 ORDERING that a status report will be submitted on or before October 31, 2011, informing the Court of the status of the Assessment. A status conference will be held on February 21, 2012, to further inform the Court of the Parties' progress towards final settlement. (Duong, D)

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SOMACH SIMMONS & DUNN
Paul S. Simmons, Esq. (SBN 127920)
E-Mail: [e-mail]
Theresa A. Dunham, Esq. (SBN 187644)
E-Mail: [e-mail]
Kanwarjit S. Dua, Esq. (SBN 214591)
E-Mail: [e-mail]
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Third Party Plaintiff
CITY OF STOCKTON, a municipal corporation
UNITED STATES DISTRICT COURT

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SOMACH SIMMONS & DUNN
A Professional Corporation

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EASTERN DISTRICT OF CALIFORNIA

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COALITION FOR A SUSTAINABLE DELTA,
a California nonprofit corporation, et al.
Plaintiffs,

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STIPULATION AND ORDER FOR
CONTINUED STAY OF PROCEEDINGS
AND JOINT STATUS REPORT

v.

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Case No. 2:09-cv-00466 JAM/DAD

CITY OF STOCKTON, a municipal corporation,
and COUNTY OF SAN JOAQUIN, a political
subdivision of the State of California,
Defendants.

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STIPULATION AND PROPOSED ORDER FOR CONTINUED STAY OF PROCEEDINGS
AND JOINT STATUS REPORT

PDF created with pdfFactory trial version www.pdffactory.com

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Defendants the City of Stockton (“City) and the County of San Joaquin (“County”), and

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Plaintiffs Coalition for a Sustainable Delta, Belridge Water Storage District, Berrenda Mesa

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Water District, Cawelo Water District, North of the River Municipal Water District, Wheeler

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Ridge-Maricopa Water Storage District, and Dee Dillon (“Plaintiffs”), (collectively “Parties”)

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submit the following Joint Status Report pursuant to the Court’s February 23, 2011 Stipulation

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and Order Staying Proceedings.

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I.

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STATUS OF THE CASE
On February 23, 2011, this Court issued a Stipulation and Order Staying Proceedings

(Docket #89), staying all proceedings in the case, vacating all dates set by the August 16, 2010
Order Modifying the Second Amended Status Order (Docket #87), and ordering a status report be

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filed on or before August 17, 2011, to inform the Court of the parties’ progress towards

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settlement. Since that time, the Parties have been engaged in substantive settlement discussions.

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As result of those discussions, the Parties agreed to undertake an independent assessment

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(“Assessment”) of portions of Defendants’ MS4 program, currently being performed by an

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independent consultant approved of by the Parties. The consultant’s resulting report may provide

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a basis for the Parties to negotiate and approve the terms of a final settlement. The Parties expect

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the Assessment and resulting report from the consultant to be complete by October 21, 2011, after

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which the Parties expect to engage in substantive discussion and negotiation that, by agreement of

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SOMACH SIMMONS & DUNN
A Professional Corporation

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the Parties, will not last longer than four months.

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As a result, the Parties wish and hereby agree that the stay ordered on February 23, 2011,

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remain effective, and will submit a further status report on or before October 31, 2011, informing

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the Court of the status of the Assessment. The Parties further request that a status conference in

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this matter be scheduled for February 21, 2012. Notwithstanding the stay, the Parties desire to

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retain the ability to reinitiate litigation in the event performance of the Assessment becomes

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unreasonably delayed or otherwise fails.

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STIPULATION AND PROPOSED ORDER FOR CONTINUED STAY OF PROCEEDINGS
AND JOINT STATUS REPORT

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II.

STIPULATION

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NOW THEREFORE IT IS HEREBY STIPULATED by and among the Parties that:

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A status report will be submitted on or before October 31, 2011, informing the Court of

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the status of the Assessment.
A status conference will be held on February 21, 2012 to further inform the Court of the
Parties’ progress towards final settlement.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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DATED: August 16, 2011

By

SOMACH SIMMONS & DUNN
A Professional Corporation

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/s/ Kanwarjit S. Dua
Kanwarjit S. Dua

Attorneys for Defendant CITY OF STOCKTON

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BARG COFFIN LEWIS & TRAPP, LLP

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DATED: August 16, 2011

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By

/s/ Joshua A. Bloom
JOSHUA A. BLOOM

Attorneys for Plaintiffs Coalition for a Sustainable
Delta, Belridge Water Storage District, Berrenda mesa
Water District, Cawelo Water District, North of the
River Municipal Water District, Wheeler RidgeMaricopa Water Storage District, and Dee Dillon

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DOWNEY BRAND LLP

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DATED: August 16, 2011

By

/s/ Nicole E. Granquist
NICOLE E. GRANQUIST

Attorneys for Defendant County of San Joaquin

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STIPULATION AND PROPOSED ORDER FOR CONTINUED STAY OF PROCEEDINGS
AND JOINT STATUS REPORT

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ORDER
Having considered the Parties’ Joint Status Report and stipulated request to schedule a

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status conference, and GOOD CAUSE appearing therefore, the Court hereby orders the

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following:

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A status report will be submitted on or before October 31, 2011, informing the Court of
the status of the Assessment.
A status conference will be held on February 21, 2012, to further inform the Court of the
Parties’ progress towards final settlement.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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IT IS SO ORDERED.

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DATED: August 22, 2011

/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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STIPULATION AND PROPOSED ORDER FOR CONTINUED STAY OF PROCEEDINGS
AND JOINT STATUS REPORT

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CERTIFICATE OF SERVICE

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I hereby certify that a true and correct copy of the foregoing STIPULATION AND

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PROPOSED ORDER FOR CONTINUED STAY OF PROCEEDINGS AND JOINT STATUS

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REPORT will be e-filed on August 16, 2011, and will be automatically served upon counsel of

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record, all of whom appear to be subscribed to receive notice from the ECF system.

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/s/ Kanwarjit S. Dua
Kanwarjit S. Dua

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SOMACH SIMMONS & DUNN
A Professional Corporation

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STIPULATION AND PROPOSED ORDER FOR CONTINUED STAY OF PROCEEDINGS
AND JOINT STATUS REPORT

PDF created with pdfFactory trial version www.pdffactory.com

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