California Sportfishing Protection Alliance v. Davis Waste Removal Co., Inc.

Filing 12

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr on 7/1/11 ORDERING the following revised case management schedule: March 30, 2012 Complete initial expert witness disclosures; April 30, 2012 Complete any contradictory and/or rebuttals to expert disclosures; August 27, 2012 Complete all expert and non-expert discovery; September 28, 2012 last hearing date for motions; November 18, 2012 - Pretrial Statement due; November 27, 2012 - Pretrial Conference; February 25, 2013 Trial. (Becknal, R)

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Michael R. Lozeau (State Bar No. 142893)
[e-mail]
Richard T. Drury (State Bar No. 163559)
[e-mail]
Christina M. Caro (State Bar No. 250797)
[e-mail]
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone] (fax)
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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Jeffory J.Scharff (State Bar No. 137620)
[e-mail]
2625 Fair Oaks Blvd., Suite 7
Sacramento, CA 95864
Telephone: [phone]
Facsimile: 916/485-5912

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Attorneys for Defendant
DAVIS WASTE REMOVAL CO., INC.

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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,
Plaintiff,

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Case No. Civ-02079-GEB-JFM
PARTIES’ STIPULATED REQUEST TO
EXTEND CASE MANAGEMENT DATES
AND ORDER

vs.

DAVIS WASTE REMOVAL CO., INC.,
a corporation,

Judge: Hon. Garland E. Burrell, Jr.

Defendant.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendant Davis Waste
Removal Co., Inc. (“Davis Waste”) submit this Stipulated Request To Extend Case Management Dates
and Proposed Order to extend the existing case management deadlines in this matter to permit the
Parties to continue pursuing settlement negotiations and, if necessary, complete discovery.
-1PARTIES’ STIPULATED REQUEST TO EXTEND CASE MANAGEMENT DATES AND [PROPOSED] ORDER
Civ-02079-GEB-JFM

STIPULATION

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WHEREAS, on August 5, 2010, CSPA filed the instant Complaint against Defendant alleging

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ongoing violations of Sections 301(a) and 402(p) of the Clean Water Act, 33 U.S.C. § 1311(a) and

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1342(p), due to discharges of polluted storm water from the Facility in violation of State Water

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Resources Control Board Water Quality Order No. 97-03-DWQ, National Pollutant Discharge

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Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of

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Storm Water Associated with Industrial Activities Excluding Construction Activities (“General
Permit”).
WHEREAS, on December 6, 2010, this Court issued its Status (Pretrial Scheduling) Order
setting the following case management dates (“Existing Schedule”):
July 5, 2011 – Complete initial expert witness disclosures;
August 4, 2011 – Complete any contradictory and/or rebuttals to expert disclosures

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December 21, 2011 – Complete all expert and non-expert discovery;

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February 21, 2012 (9:00 a.m.) – last hearing date for motions (not including motions for

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continuances, temporary restraining orders, emergency applications, or motions under Rule 16(e)

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of the Federal Rules of Civil Procedure);

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April 9, 2012 - Pretrial Statement due;

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April 16, 2012 (1:30 p.m.) - Pretrial Conference;

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July 17, 2012 (9:00 a.m.) – Trial.

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WHEREAS, the Parties are presently engaged in negotiating an informal settlement of this

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action. The Parties conducted an initial site inspection of the Davis Waste facility on August 27, 2010.

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On January 5, 2011, CSPA submitted an initial settlement proposal to Davis Waste, setting forth the

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steps CSPA believes necessary for Davis Waste to comply with the General Permit. Since that time, the

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Parties have engaged in telephone conferences to discuss settlement, and on April 18, 2011, CSPA

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submitted a further settlement proposal to Davis Waste reflecting the mutual settlement terms discussed

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during the telephone conferences. The Parties are presently negotiating the final terms of the settlement
agreement, and believe that the case should be amenable to informal settlement.
WHEREAS, under the Existing Schedule, the Parties would be required to complete initial
expert disclosures by July 5, 2011, rebuttals to expert disclosures by August 4, 2011, and to engage in
-2PARTIES’ STIPULATED REQUEST TO EXTEND CASE MANAGEMENT DATES AND [PROPOSED] ORDER
Civ-02079-GEB-JFM

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and complete all necessary discovery by December 21, 2011, among other case management deadlines,

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during a time in which the Parties are attempting to negotiate a final settlement of the case. Compliance

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with these upcoming deadlines would require a significant expenditure of time and resources from the

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Parties, which expenditure will be unnecessary if the Parties are able to reach a settlement.

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Additionally, with regard to discovery, additional time would be necessary for CSPA to conduct site

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inspections of the Davis Waste facility during the October 2011 to February 2012 rainy season.
THEREFORE, GOOD CAUSE APPEARING, the parties hereby stipulate and request that the

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Court order the following revised case management schedule:
March 30, 2012 – Complete initial expert witness disclosures;

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April 30, 2012 – Complete any contradictory and/or rebuttals to expert disclosures;

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August 27, 2012 – Complete all expert and non-expert discovery;

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September 28, 2012 – last hearing date for motions (not including motions for continuances,

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temporary restraining orders, emergency applications, or motions under Rule 16(e) of the Federal

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Rules of Civil Procedure);

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November 18, 2012 - Pretrial Statement due;

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November 27, 2012 - Pretrial Conference;

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February 25, 2013 – Trial.

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The Parties believe this case is amenable to informal settlement. The Parties further believe that

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this proposed extended case management schedule will conserve the time and resources of both the

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Parties and the Court, will permit the Parties to continue negotiating an informal resolution of this matter

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before engaging in a substantial amount of discovery.
To the extent that the Court may not be inclined to grant any dates requested herein, the Parties

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request that the Court set an expedited Status Conference to otherwise extend case management

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deadlines.

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-3PARTIES’ STIPULATED REQUEST TO EXTEND CASE MANAGEMENT DATES AND [PROPOSED] ORDER
Civ-02079-GEB-JFM

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Respectfully submitted,

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Dated: June 27, 2011
LOZEAU DRURY LLP

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By: /s/ Christina M. Caro
Michael R. Lozeau
Christina M. Caro
Attorney for Plaintiff
California Sportfishing Protection Alliance

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JEFFREY J. SCHARFF

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By: /s/ Jeffory J. Scharff
(as authorized June 27, 2011)
Jeffory J.Scharff
Attorney for Defendant
Davis Waste Removal Co., Inc.

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ORDER

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IT IS SO ORDERED.

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Date: 7/1/2011

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_________________________

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GARLAND E. BURRELL, JR.
United States District Judge
DEAC_Signature-END:

61khh4bb

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-4PARTIES’ STIPULATED REQUEST TO EXTEND CASE MANAGEMENT DATES AND [PROPOSED] ORDER
Civ-02079-GEB-JFM