California Sportfishing Protection Alliance v. Redding

Filing 15

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr on 3/5/13 ORDERING that the briefing deadlines set forth in the 1/23 Order 13 shall be vacated; If the Parties have not settled the case by 5/1/13 the parties stipulate to the followin g revised briefing schedule: City's dismissal motion shall be filed on 5/15/13; CSPA's opposition shall be filed on or before 6/5/13; City's reply shall on filed on or before 6/17/13; and the hearing on the motion shall be noticed for 6/24/13 at 9:00 a.m. (Becknal, R)

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SOMACH SIMMONS & DUNN
A Professional Corporation
KANWARJIT S. DUA, ESQ. (SBN 214591)
THERESA A. DUNHAM, ESQ. (SBN 187644)
LOUINDA V. LACEY, ESQ. (SBN 275888)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814-2403
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
CITY OF REDDING

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SOMACH SIMMONS & DUNN
A Professional Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Civil Case No. 2:12-CV-01884-GEB-KJN
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CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE, a non-profit corporation,

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Plaintiff,
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STIPULATION TO EXTEND TIME TO
FILE MOTION TO DISMISS AND
SCHEDULE MEDIATION; [PROPOSED]
ORDER

v.
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CITY OF REDDING, a municipality,
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Defendant.
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The City of Redding (City) and California Sportfishing Protection Alliance (CSPA)

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hereby stipulate to the following and jointly request that the Court extend the deadlines in the

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Court’s January 23, 2013 Status (Pretrial Scheduling) Order, filed as Docket No. 13, setting forth

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the parties’ respective filing deadlines relative to the City’s Federal Rule of Civil Procedure Rule

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12(b)(1) motion to dismiss and to schedule a date for mediation with the Magistrate Judge in this

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matter.

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WHEREAS, CSPA filed its Complaint on July 17, 2012 (Docket No. 1);

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WHEREAS, CSPA served the summons and complaint on the City on October 31, 2012;

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WHEREAS, the City filed and served its answer to the complaint on November 21, 2012

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(Docket No. 9);
STIPULATION TO EXTEND TIME TO FILE MOTION TO DISMISS AND SCHEDULE MEDIATION; [PROPOSED]
ORDER

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WHEREAS, CSPA and the City (collectively the Parties) submitted their first Joint Status
Report on October 15, 2012 (Docket No. 6);

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WHEREAS, on October 23, 2102, the Court issued an order continuing the Case

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Management Conference for this case to January 14, 2013, and directing the Parties to submit an

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updated Joint Status Report at least fourteen (14) days prior to the conference (Docket No. 7);

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WHEREAS, the Parties submitted a Second Joint Status Report on December 28, 2012

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(Docket No. 10);
WHEREAS, on January 9, 2013, the Court issued an order further continuing the Case
Management Conference for this matter to January 28, 2013, and directing the Parties to submit a

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SOMACH SIMMONS & DUNN
A Professional Corporation

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further updated Joint Status Report at least fourteen (14) days prior to the conference and propose

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a briefing schedule for the City’s anticipated Rule 12(b)(1) dismissal motion (Docket No. 11);

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WHEREAS, the Parties submitted a Third Joint Status Report on January 14, 2013

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(Docket No. 12), which included a proposed briefing schedule and hearing date for the City’s

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Rule 12(b)(1) dismissal motion;

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WHEREAS, on January 23, 2013, the Court issued an order (January 23 Order) further

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continuing the Case Management Conference for this matter to June 10, 2013 and setting forth a

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briefing schedule for the City’s anticipated Rule 12(b)(1) motion to dismiss CSPA’s complaint

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(Docket No. 13);

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WHEREAS, the January 23 Order requires the City’s dismissal motion be filed by March

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1, 2013, CSPA’s opposition be filed by March 22, 2013, and the City’s reply by April 1, 2013,

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and noticed the motion for hearing on April 22, 2013;

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WHEREAS, CSPA has submitted a written settlement offer to the City;

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WHEREAS, the City has reviewed CSPA settlement offer and submitted a counter

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settlement proposal, which included specific information discussing the City’s sewer system

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management program.

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WHEREAS, in order to fully consider the City’s counter-proposal, CSPA has requested

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the City provide further information and documents relative to its sewer system management

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program;
STIPULATION TO EXTEND TIME TO FILE MOTION TO DISMISS AND SCHEDULE MEDIATION; [PROPOSED]
ORDER

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WHEREAS, the City is in the process of providing CSPA with the requested information
and documents;
WHEREAS, the Parties continue to negotiate in good faith in an effort to reach settlement

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in this matter and in the interest of judicial and financial economy wish to extend the Court

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ordered filing deadlines and hearing date for the dismissal motion for sixty (60) days to allow for

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sufficient time to attempt to reach a full settlement in this matter.

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

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1.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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The briefing deadlines set forth in the January 23 Order (Docket No. 13) shall be

vacated.
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If the Parties have not settled the case by May 1, 2013 the parties stipulate to the

following revised briefing schedule:

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City’s dismissal motion shall be filed on May 15, 2013;

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CSPA’s opposition shall be filed on or before June 5, 2013;

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City’s reply shall on filed on or before June 17, 2013; and

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The hearing on the motion shall be noticed for June 24, 2013 at 9:00 a.m.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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Dated: February 27, 2013

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By: /s/ Kanwarjit S. Dua
Kanwarjit S. Dua,
Attorneys for Defendant CITY OF
REDDING

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LAWYERS FOR CLEAN WATER, INC.

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Dated: February 27, 2013
/s/Drevet Hunt (as authorized on 2/27/13)
Drevet Hunt
Layne Friedrich
Attorneys for Plaintiff California
Sportfishing Protection Alliance

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STIPULATION TO EXTEND TIME TO FILE MOTION TO DISMISS AND SCHEDULE MEDIATION; [PROPOSED]
ORDER

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ORDER

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IT IS SO ORDERED:
Date: 3/5/2013

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

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DEAC_Signature-END:

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61khh4bb

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SOMACH SIMMONS & DUNN
A Professional Corporation

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STIPULATION TO EXTEND TIME TO FILE MOTION TO DISMISS AND SCHEDULE MEDIATION; [PROPOSED]
ORDER

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