California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc. et al

Filing 26

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/23/10 GRANTING Plaintiff leave to file Second Amended Complaint. Due December 10, 2010.(Williams, D)

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ANDREW L. PACKARD (State Bar No. 168690) ERIK M. ROPER (State Bar No. 259756) HALLIE B. ALBERT (State Bar No. 258737) Law Offices of Andrew L. Packard 100 Petaluma Boulevard N., Suite 301 Petaluma, CA 94952 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] ROBERT J. TUERK (State Bar No. 255741) Jackson & Tuerck P.O. Box 148 429 W. Main Street, Suite C Quincy, CA 95971 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, vs. CHICO SCRAP METAL, INC., a California corporation, GEORGE SCOTT, SR., an individual, and GEORGE SCOTT, JR., an individual, Defendants. WHEREAS, Plaintiff California Sportfishing Protection Alliance ("Plaintiff" or "CSPA") filed its Complaint in this action on May 17, 2010; WHEREAS, Plaintiff filed its First Amended Complaint in this action on or about November 18, 2010; Case No. 2:10-cv-01207-GEB-GGH STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; [PROPOSED] ORDER THEREON Judge: Hon. Garland E. Burrell, Jr.

-1STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED SECOND AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON

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WHEREAS, on or about October 11, 2010, Plaintiff allegedly learned that the George W. Scott, Sr., Revocable Inter Vivos Trust ("the Trust") owns the real property upon which the three facilities at issue in this action are located; WHEREAS, Defendant George W. Scott, Sr., serves as Trustee to the Trust; WHEREAS, on or about October 11, 2010, Plaintiff provided notice of the Trust's alleged violations of the Federal Water Pollution Control Act ("Clean Water Act" or "Act") ("Clean Water Act Notice"), and of its intention to file suit against the Trust to the Administrator of the United States Environmental Protection Agency ("EPA"); the Administrator of EPA Region IX; the Executive Director of the State Water Resources Control Board; the Executive Officer of the Regional Water Quality Control Board, Central Valley Region; and to the Trust, as required by the Act, 33 U.S.C. § 1365(b)(1)(A); WHEREAS, the 60-day statutory notice period of the Clean Water Act Notice will expire on or about December 10, 2010; WHEREAS, Plaintiff has provided Defendants herein a proposed Second Amended Complaint (attached herein as Exhibit A) which adds the Trust as a Defendant subject to the Clean Water Act-related claims contained therein; THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff and Defendants, in the interest of judicial economy: A. That Plaintiff shall be permitted to file its proposed Second Amended Complaint on December 10, 2010, or as soon thereafter as may be convenient for Plaintiff. B. Defendants' response to the Second Amended Complaint shall be electronically filed not later than thirty-five (35) days after Plaintiff files its Second Amended Complaint. C. Insofar as Plaintiff's filing of the Second Amended Complaint will create a pleading that supersedes the First Amended Complaint, Defendants' time to respond to the First Amended Complaint is extended to December 15, 2010 for tracking purposes only. When the Second Amended Complaint is filed by Plaintiff, said deadline shall become moot.

-2STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED SECOND AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON

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Dated: November 22, 2010

Respectfully submitted, LAW OFFICES OF ANDREW L. PACKARD By: /s/ Erik Roper______________ ERIK M. ROPER Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

Dated: November 22, 2010

CANNATA, CHING & O'TOOLE, LLP By: /s/ Therese Y. Cannata___________ THERESE Y. CANNATA Attorneys for Defendants CHICO SCRAP METAL, INC., et al.

-3STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED SECOND AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON

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DEAC_Signature-END:

ORDER Pursuant to Stipulation, and good cause appearing, it is ORDERED that Plaintiff is granted leave to file its proposed Second Amended Complaint on December 10, 2010.

Date: 11/23/2010

_________________________ GARLAND E. BURRELL, JR. United States District Judge

-4STIPULATION TO ALLOW PLAINTIFF'S FILING OF PROPOSED SECOND AMENDED COMPLAINT; AND, [PROPOSED] ORDER THEREON