California Sportfishing Protection Alliance v. Beard

Filing 9

STIPULATION and ORDER 8 to stay matter signed by Judge Garland E. Burrell, Jr. on 9/13/2013. This matter is STAYED for all purposes except settlement negotiations and related activities until 10/14/2013. Status Conference is CONTINUED to for 12/9/2 013 at 9:00 AM in Courtroom 10 (GEB). Joint Status Conference Report shall be due 14 days prior to Conference Hearing. All other filings and/or requirements in Federal Rules of Civil Procedure and Local Rules related to or triggered by the 10/28/2013 Status Conference, if any, are CONTINUED to new dates based on new Status Conference date. (Marciel, M)

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Jeffrey Beard, in his official
Capacity as Secretary of the California Department of
Corrections and Rehabilitation

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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,

Case No. 2:13-CV-00840-GEB-DAD
STIPULATION AND [PROPOSED]
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.

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STIPULATION AND [PROPOSED] ORDER FOR STAY

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CASE NO. 2:13-CV-00840-GEB-DAD

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Plaintiff California Sportfishing Protection Alliance (CSPA) and Defendant Jeffrey Beard, in

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his official capacity as Secretary of the California Department of Corrections and Rehabilitation

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(CDCR), hereby stipulate to and respectfully request that, pursuant to the following terms, the Court

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continue its July 4, 2013 order (filed on July 8, 2013 as Document No. 7) staying all proceedings in this

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case. The parties so stipulate to conserve their resources pending ongoing settlement negotiations to

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address the discharges alleged in the Complaint.

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Pursuant to this stipulation and order, and without waiving any rights, claims or defenses the

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parties may have as of the date of this stipulation, the parties agree that, except for settlement

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negotiations and related activities (e.g., voluntary exchange of information and site visits), the above-

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captioned matter is stayed for all purposes for thirty (30) days from the date of the Court’s order. This

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stay may be extended by stipulation or motion.

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In connection with the parties’ settlement negotiations, the parties agree that, by September 20,

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2013, CDCR shall provide a written response to CSPA’s August 30, 2013 settlement proposal, with

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CSPA providing any written response to CDCR by September 27, 2013, and CDCR providing any

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further written response to CSPA by October 4, 2013. These settlement negotiation deadlines may be

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modified by stipulation.

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The parties also agree, subject to Court approval, (1) to continue the Status Conference

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presently scheduled for October 28, 2013 at 9:00 a.m. in Courtroom 10 to December 2, 2013 at 9:00

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a.m. in Courtroom 10 of the above court, or to such date and time thereafter that is convenient for the

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Court; (2) that the Joint Status Conference Report presently due by October 14, 2013 shall be filed no

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later than fourteen (14) days prior to the new Status Conference; and (3) to continue all other filings

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and/or requirements in the Federal Rules of Civil Procedure and the Local Rules related to or triggered

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by the October 28, 2013 Status Conference, if any, to new dates based on the new Status Conference

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date herein.

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STIPULATION AND [PROPOSED] ORDER FOR STAY

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CASE NO. 2:13-CV-00840-GEB-DAD

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Respectfully submitted,

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Dated: September 12, 2013

LAW OFFICES OF ANDREW L. PACKARD
/s/ Andrew L. Packard
By: Andrew L. Packard
(As authorized on September 11, 2013 – L.R. 131(e))
Attorneys for Plaintiff
California Sportfishing Protection Alliance

Dated: September 12, 2013

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

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Pursuant to the above Stipulation of the parties, IT IS HEREBY ORDERED AS FOLLOWS:

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1.

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This matter is stayed for all purposes except settlement negotiations and related

activities until October 14, 2013.
2.

The Status Conference presently scheduled for October 28, 2013 at 9:00 a.m. in

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Courtroom 10 is hereby continued to December 9, 2013 at 9:00 a.m. in Courtroom 10 of the above

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court, or to such date and time thereafter that is convenient for the Court. The Joint Status Conference

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Report shall be due fourteen (14) days prior to the Status Conference. All other filings and/or

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requirements in the Federal Rules of Civil Procedure and the Local Rules related to or triggered by the

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October 28, 2013 Status Conference, if any, are hereby continued to new dates based on the new Status

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Conference date herein.

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Dated: September 13, 2013

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STIPULATION AND [PROPOSED] ORDER FOR STAY

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CASE NO. 2:13-CV-00840-GEB-DAD