California Sportfishing Protection Alliance v. Dragon ESP Ltd

Filing 9

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/20/2014 and agreed between the parties to EXTEND the deadline to submit a joint status report to and including 1/23/2015, unless the parties have by that date submitted a proposed decree or other paper reflecting settlement of this action. (Yin, K)

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MICHAEL L. CHARLSON (SBN 122125)
[e-mail]
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, California 94105-2763
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant
DRAGON ESP, LTD.

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DOUGLAS J. CHERMAK (SBN 233382)
[e-mail]
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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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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Case No. 2:14-CV-01380-TLN-AC
STIPULATION AND ORDER
EXTENDING TIME FOR
SUBMISSION OF JOINT STATUS
REPORT

Plaintiff,
vs.
DRAGON ESP LTD., a corporation,

Assigned to: District Judge Troy L.
Nunley

Defendant.

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Plaintiff California Sportfishing and Protection Alliance (“CSPA”) and Defendant Dragon

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Products ESP, Ltd. (“Dragon”) (together, the “Parties”), through their respective counsel of record,

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hereby stipulate to, and seek the Court’s approval of, an order extending time to submit the joint

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status report contemplated by Paragraph 4 of the Court’s June 9, 2014 Order Requiring Joint Status

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Report (the “June 9 Order”). The June 9 Order directs the Parties to submit a joint status report
-1STIP AND ORDER EXTENDING TIME FOR SUBMISSION OF JOINT STATUS REPORT; CASE NO.: 2:14-CV-01380-TLN-AC

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within 60 days of service of CSPA’s Complaint for Declaratory and Injunctive Relief and Civil

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Penalties (the “Complaint”).

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RECITALS

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WHEREAS, CSPA commenced this action with the filing of its Complaint, on June 9, 2014;

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WHEREAS, by letter dated September 26, 2014, CSPA asked Dragon to waive service of

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summons; and Dragon executed a Waiver of Service of Summons on September 29, 2014;

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WHEREAS, the Court issued its June 9 Order, which by its terms would require the Parties
to submit their joint status report on or before November 25, 2014;

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WHEREAS, the Parties have been engaged in discussions aimed at resolving this dispute,
and those discussions have been productive;

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WHEREAS, in light of the substantial progress the Parties have made towards settlement, the

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Parties believe it would minimize the burden on the Court and conserve the Parties’ resources to

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defer the preparation, submission and consideration of the joint status report for a short time;

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WHEREAS, consistent with the progress towards settlement, the Parties have stipulated and

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agreed to extend Dragon’s deadline to move, answer, or otherwise respond to the Complaint by 28

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days, to and including December 23, 2014, pursuant to Local Rule 144(a); and

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WHEREAS, the Parties believe that by late January, they should either have reached a

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settlement of this matter or have determined that they will be unable to agree upon terms of a

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settlement in the present posture of the dispute such that it would then be appropriate to return to a

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normal litigation posture.

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STIPULATION

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IT IS HEREBY STIPULATED AND AGREED, by and among the Parties, through their

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respective undersigned counsel, and subject to the approval of the Court, that the Parties will

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continue working to resolve this dispute through settlement. To the extent the Parties have not by

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then already submitted a proposed consent decree or other settlement paper to the Court, the Parties’

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deadline to submit a joint status report as contemplated by the Court’s June 9 Order shall be

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extended to and including January 23, 2015.

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Dated: November 20, 2014

VINSON & ELKINS LLP

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By: /s/ Michael L. Charlson________________
Michael L. Charlson

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Attorneys for Defendant
DRAGON ESP, LTD.

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Dated: November 20, 2014

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LOZEAU DRURY LLP
By: /s/ Douglas J. Chermak (as authorized on_
November 20, 2014)_____________________
Douglas J. Chermak

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Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

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ORDER
Pursuant to stipulation of the Parties and for good cause shown, it is HEREBY ORDERED

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that the Parties’ deadline to submit a joint status report as contemplated by the Court’s June 9 Order

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be, and hereby is, extended to and including January 23, 2015 unless the Parties have by that date

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submitted proposed consent decree or other paper reflecting settlement of this action.

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IT IS SO ORDERED.

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Dated: November 20, 2014

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Troy L. Nunley
United States District Judge

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