California Sportfishing Protection Alliance v. Beard

Filing 11

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/1/13. The matter is STAYED for all purposes except settlement negotiations and related activities until 60 days from the date of the Court's order. The Status Conference is CONTINUED to 3/3/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Joint Status Conference Report shall be due 14 days prior to the Status Conference. (Meuleman, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ANDREW L. PACKARD (SBN 168690) LAURIE A. MIKKELSEN (SBN 260313) Law Offices of Andrew L. Packard 100 Petaluma Blvd. N., Suite 301 Petaluma, CA 94952 Tel: (707) 763-7227 Fax: (707) 763-9227 E-mail: Andrew@PackardLawOffices.com Attorneys for Plaintiff California Sportfishing Protection Alliance KAMALA D. HARRIS Attorney General of California ROBERT W. BYRNE Senior Assistant Attorney General GAVIN G. MCCABE Supervising Deputy Attorney General ELLYN S. LEVINSON (SBN 77176) DANIEL S. HARRIS (SBN 157433) Deputy Attorneys General 455 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: (415) 703-5530 Fax: (415) 703-5480 E-mail: Daniel.Harris@doj.ca.gov Attorneys for Defendant Jeffrey Beard, in his official Capacity as Secretary of the California Department of Corrections and Rehabilitation 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 20 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, 21 22 23 24 25 Plaintiff, Case No. 2:13-CV-00840-GEB-DAD STIPULATION AND ORDER FOR STAY (Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.) vs. JEFFREY BEARD, in his official capacity as Secretary of the California Department of Corrections and Rehabilitation, Defendant. 26 27 28 STIPULATION AND ORDER FOR STAY 1 CASE NO. 2:13-CV-00840-GEB-DAD 1 Plaintiff California Sportfishing Protection Alliance (CSPA) and Defendant Jeffrey Beard, in 2 his official capacity as Secretary of the California Department of Corrections and Rehabilitation 3 (CDCR), hereby stipulate to and respectfully request that, pursuant to the following terms, the Court 4 continue its September 13, 2013 order (filed on September 16, 2013 as Document No. 9) staying all 5 proceedings in this case. The parties so stipulate to conserve their resources pending ongoing 6 settlement negotiations to address the discharges alleged in the Complaint. 7 Pursuant to this stipulation and order, and without waiving any rights, claims or defenses the 8 parties may have as of the date of this stipulation, the parties agree that, except for settlement 9 negotiations and related activities (e.g., voluntary exchange of information and site visits), the above- 10 captioned matter is stayed for all purposes for sixty (60) days from the date of the Court’s order. This 11 stay may be extended by stipulation or motion. 12 The parties also agree, subject to Court approval, (1) to continue the Status Conference 13 presently scheduled for December 9, 2013 at 9:00 a.m. in Courtroom 10 to February 10, 2013 at 9:00 14 a.m. in Courtroom 10 of the above court, or to such date and time thereafter that is convenient for the 15 Court; (2) that the Joint Status Conference Report presently due by November 25, 2013 shall be filed 16 no later than fourteen (14) days prior to the new Status Conference; and (3) to continue all other filings 17 and/or requirements in the Federal Rules of Civil Procedure and the Local Rules related to or triggered 18 by the December 9, 2013 Status Conference, if any, to new dates based on the new Status Conference 19 date herein. 20 Respectfully submitted, 21 Dated: October 31, 2013 22 23 24 LAW OFFICES OF ANDREW L. PACKARD _/s/ Andrew L. Packard ________ By: Andrew L. Packard (As authorized on October 31, 2013 – L.R. 131(e)) Attorneys for Plaintiff California Sportfishing Protection Alliance 25 26 27 28 STIPULATION AND ORDER FOR STAY 2 CASE NO. 2:13-CV-00840-GEB-DAD 1 Dated: October 31, 2013 2 3 4 OFFICE OF THE ATTORNEY GENERAL _/s/ Daniel S. Harris ______________________ By: Daniel S. Harris Attorneys for Defendant Jeffrey Beard, in his official capacity as Secretary of the California Department of Corrections and Rehabilitation 5 ORDER 6 7 Pursuant to the above Stipulation of the parties, IT IS HEREBY ORDERED AS FOLLOWS: 8 1. 9 10 This matter is stayed for all purposes except settlement negotiations and related activities until sixty (60) days from the date of the Court’s order. 2. The Status Conference presently scheduled for December 9, 2013 at 9:00 a.m. in 11 Courtroom 10 is hereby continued to March 3, 2014, at 9:00 a.m. in Courtroom 10 of the above 12 court. The Joint Status Conference Report shall be due fourteen (14) days prior to the Status 13 Conference. All other filings and/or requirements in the Federal Rules of Civil Procedure and the 14 Local Rules related to or triggered by the December 9, 2013 Status Conference, if any, are hereby 15 continued to new dates based on the new Status Conference date herein. 16 Dated: November 1, 2013 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER FOR STAY 3 CASE NO. 2:13-CV-00840-GEB-DAD

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