Jameson Beach Property Owners Association v. United States Government et al

Filing 22

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 9/26/13: The litigation is hereby stayed until February 1, 2014. Not later than ten (10) days after settlement negotiations conclude on January 30, 2014, the parties are directed to inform this Court of the status of this case and move to lift the stay. (Kaminski, H)

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JACQUELINE MITTELSTADT, ESQ. SBN 172188
TAHOE LAW CENTER
1034 Emerald Bay Road, No. 413
South Lake Tahoe, California 96150
Telephone [phone]
Facsimile [phone]
[e-mail]
Attorneys for Plaintiffs
JAMESON BEACH PROPERTY OWNERS
ASSOCIATION, GENE LANDON, and HELEN
NICOLAIDES

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JAMESON BEACH PROPERTY OWNERS’
ASSOCIATION, an unincorporated
association; GENE LANDON, an individual;
and HELEN NICOLAIDES,

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Case No.: 2:13-CV-01025
STIPULATION AND ORDER TO STAY
LITIGATION TO ALLOW FOR
SETTLEMENT DISCUSSIONS

Plaintiffs,
vs.
THE UNITED STATES OF AMERICA,
UNITED STATES DEPARTMENT OF
AGRICULTURE, FOREST SERVICE, a
government entity; EL DORADY COUNTY,
a government entity; STATE OF
CALIFORNIA [CALTRANS], a government
entity; and DOES 1 through 25, inclusive,
Defendants.
Plaintiffs, by and through their attorney Jacqueline Mittelstadt, and Defendants, El Dorado
County (“County”), and, Kris Knox and Camp Richardson Resort, LLC. (“Camp Richardson
Defendants), by and through their attorneys respectively, Mason · Thomas, and Brooke · Shaw ·

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Tahoe Law Center
1034 Emerald Bay
Road, No 413
SLT, CA 96150

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Zumpft, hereby submit their request to stay this litigation and allow the parties to pursue

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amicable settlement discussions, and hereby stipulate as follows:

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A.

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completed by is January 30, 2014 or any appropriate date set by this Court.

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B.

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earliest date all parties are available: November 1, 2013. A second meeting to include El

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Dorado County is in the process of being scheduled at the earliest available date in late

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November 2013.

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C.

The time frame within which the parties propose the settlement negotiations will be

The Camp Rich Defendants and Plaintiffs have agreed to commence discussions on the

The Camp Rich Defendants and Plaintiffs hereby agree to defer formal service of the

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Summons and Complaint until thirty days after expiration of the stay of litigation entered into

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by way of this Stipulation. The parties further agree that upon Plaintiffs receipt of a written

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indemnity agreement, including confirmation that any and all actions and omissions by Mr.

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Knox will be assumed by Camp Richardson Resort, LLC., Plaintiffs will dismiss Mr. Knox

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from the instant lawsuit with prejudice. It is agreed that participation in this Stipulation does not

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constitute an appearance for any purpose.

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D.

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discovery stay, either party may informally request documents from the other party, and the

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parties agree to meet and confer in response to any such informal request in an attempt to reach

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a resolution.

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C.

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litigation to pursue a global resolution and discussions are continuing. Caltrans was recently

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served and is in the process of ascertaining counsel assigned to this matter. The US Forest

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Service and Ms. Nancy Gibson were recently personally served, and prefer to wait until closer

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to their October deadline to file a responsive pleading before agreeing to a formal stay. They

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are committed to participate in the Nov. 1, 2013 meeting. Finally, Caltrans legal representatives

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are aware of the Nov. 1, 2013 date, and late November date in process of being scheduled.

The parties herein agree to a stay of all discovery. The parties also agree that during the

Plaintiff’s counsel has discussed with the remaining Defendants consent to stay

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Tahoe Law Center
1034 Emerald Bay
Road, No 413
SLT, CA 96150

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IT IS SO STIPULATED:

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Dated: September 19, 2013

TAHOE LAW CENTER

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By: /s/_______________________
Jacqueline Mittelstadt
Attorneys for Plaintiffs
JAMESON BEACH PROPERTY
OWNERS ASSOCIATION, GENE
LANDON, and HELEN NICOLAIDES
MASON · THOMAS

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By: /s/________________________
Stephen A. Mason
Attorneys for Defendant
EL DORADO COUNTY
BROOKE • SHAW • ZUMPFT

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By: /s/_________________________
T. Scott Brooke
Attorney’s for Defendant
CAMP RICHARDSON RESORT, LLC
and KRIS KNOX

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Tahoe Law Center
1034 Emerald Bay
Road, No 413
SLT, CA 96150

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ORDER

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Pursuant to the provisions above, the litigation is hereby stayed until February 1, 2014.
Not later than ten (10) days after settlement negotiations conclude on January 30, 2014, the
parties are directed to inform this Court of the status of this case and move to lift the stay.
IT IS SO ORDERED.
Dated: September 26, 2013

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Tahoe Law Center
1034 Emerald Bay
Road, No 413
SLT, CA 96150

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