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

Filing 94

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/22/13 GRANTING Plaintiff leave until and including 10/28/13 to electronically file its proposed Third Amended Complaint. Defendants' response to the Third Amended Complaint shall be electronically filed not later than 30 days after Plaintiff files its Third Amended Complaint. (Meuleman, A)

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ANDREW L. PACKARD (State Bar No. 168690)
LAURIE MIKKELSE (State Bar No. 260313)
Law Offices of Andrew L. Packard
100 Petaluma Boulevard North, Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

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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

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

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Plaintiff,
vs.

Case No. 2:10-cv-01207-GEB-AC
STIPULATION FOR LEAVE TO FILE
THIRD AMENDED COMPLAINT;
[PROPOSED] ORDER THEREON
Judge: Hon. Garland E. Burrell, Jr.

CHICO SCRAP METAL, INC., a California
corporation, GEORGE SCOTT, SR., an
individual, and GEORGE SCOTT, JR., an
individual,

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Defendants.

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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;
WHEREAS, Plaintiff filed its Second Amended Complaint in this action on or about
December 10, 2010;
-1STIPULATION TO ALLOW PLAINTIFF’S FILING OF PROPOSED THIRD AMENDED COMPLAINT; AND,
[PROPOSED] ORDER THEREON

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WHEREAS, Plaintiff wishes to amend the Complaint by dismissing without prejudice the
First through Fifth Causes of Action and the Eleventh through Fifteenth Causes of Action, and by
adding a claim for failure to report non-compliance with the General Permit;
WHEREAS, Plaintiff has provided Defendants herein a proposed Third Amended Complaint
(attached hereto as Exhibit A) which removes the First through Fifth Causes of Action and the
Eleventh though Fifteenth Causes of Action, and adds a claim for failure to report non-compliance
with the General Permit.
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 Third Amended Complaint on
October 21, 2013, or as soon thereafter as may be convenient for Plaintiff.
B. Defendants’ response to the Third Amended Complaint shall be electronically filed not
later than thirty (30) days after Plaintiff files its Third Amended Complaint.

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Dated: October 18, 2013

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Respectfully submitted,
LAW OFFICES OF ANDREW L. PACKARD

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By: /s/ Andrew Packard______________
Andrew L. Packard
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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Dated: October 18, 2013

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

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

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ORDER
Since the Parties have stipulated that Plaintiff be granted leave to file it proposed amended
complaint, Plaintiff is granted leave to electronically file its proposed Third Amended Complaint
until and including October 28, 2013. Defendants’ response to the Third Amended Complaint shall
be electronically filed not later than thirty (30) days after Plaintiff files its Third Amended
Complaint.

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Dated: October 22, 2013

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