California Sportfishing Protections Alliance v. The Scotts Company, LLC

Filing 9

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 7/31/12: The time within which CSPA must serve its Complaint is extended to October 9, 2012. (Kaminski, H)

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MICHAEL R. LOZEAU (State Bar No. 142893)
DOUGLAS J. CHERMAK (State Bar No. 233382)
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE
CHRIS M. AMANTEA (State Bar No. 147339)
HUNTON & WILLIAMS LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
THE SCOTTS COMPANY LLC
(Appearing for limited purpose of
this Stipulation only)

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UNITED STATES DISTRICT COURT

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

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Plaintiff,
vs.

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STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
PLAINTIFF CALIFORNIA
SPORTFISHING PROTECTION
ALLIANCE TO SERVE ITS COMPLAINT
BY 60 DAYS

THE SCOTTS COMPANY LLC, a
corporation.

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Case No. 2:12-cv-00973-GEB-DAD

Defendant.

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Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendant The Scotts
Company LLC (“Scotts”) stipulate and declare as follows:

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STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR PLAINTIFF TO SERVE COMPLAINT

Case No. 2:12-cv-00973-GEB-DAD

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WHEREAS, CSPA filed its Complaint for Declaratory and Injunctive Relief and Civil

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Penalties (“Complaint”) on April 12, 2012;

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WHEREAS, the last date for CSPA to serve its Complaint pursuant to Federal Rule of Civil
Procedure 4(m) is August 10, 2012;

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WHEREAS, CSPA and Scotts agree that there is good cause to grant an extension of

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CSPA’s time to serve its Complaint as CSPA and Scotts have been, and continue to be, engaged in

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ongoing and productive settlement discussions;

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WHEREAS, the parties require further time to engage in these settlement discussions, which
involve, inter alia, several issues related to the management of storm water discharges;

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WHEREAS, in the interests of justice CSPA and Scotts would like to resolve their dispute
informally, without the attendant costs and deadlines of litigation;

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WHEREAS, CSPA and Scotts do not foresee any reason(s) that would require any further
stipulations to extend the time for CSPA to serve its Complaint;

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WHEREAS, CSPA and Scotts have agreed that this stipulation shall not be construed as a

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waiver of any kind;
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WHEREAS, CSPA and Scotts agree that Scotts is signing this stipulation for the limited and
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only purpose of agreeing to an extension of CSPA’s time to serve its Complaint and that it shall not
constitute an appearance in this action for any other purpose whatsoever;
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STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR PLAINTIFF TO SERVE COMPLAINT

Case No. 2:12-cv-00973-GEB-DAD

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NOW, THEREFORE, CSPA and Scotts hereby stipulate that the time within which CSPA

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must serve its Complaint is extended to October 9, 2012 and that an Order to this effect may be

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entered by the Court without further notice or hearing.

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Dated: July 30, 2012
Respectfully submitted,

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LOZEAU DRURY LLP

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By: _/s/ Douglas J. Chermak_____________
Douglas J. Chermak
Attorneys for Plaintiff

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HUNTON & WILLIAMS LLP

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By: __/s/ Chris M. Amantea
(as authorized on July 30, 2012)
Chris M. Amantea
Attorneys for Defendant
THE SCOTTS COMPANY LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: 7/31/2012

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR PLAINTIFF TO SERVE COMPLAINT

Case No. 2:12-cv-00973-GEB-DAD

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