California Sportfishing Protecting Alliance v. Forever Resorts, LLC et al.

Filing 24

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 4/12/17 ORDERING that the Initial Pretrial Scheduling Order (ECF No. 3 ) shall be modified as follows: the Rule 26 conference deadline is CONTINUED from 10/21/16 to 7/21/17; and the close of non-expert discovery is CONTINUED from 7/12/17 to 7/12/18. (Becknal, R)

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tANDREW L. PACKARD (State Bar No. 168690)
WILLIAM N. CARLON (State Bar No. 305739)
Law Offices of Andrew L. Packard
245 Kentucky Street, Suite B3
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys 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,

Case No. 2:16-cv-01595-MCE-EFB

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Plaintiff,
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vs.

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FOREVER RESORTS, LLC, LAKE
OROVILLE MARINA, LLC, BILL
HARPER AND REX MAUGHAN,

STIPULATION AND ORDER RE
DISCOVERY SCHEDULE

Defendants.

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WHEREAS, Plaintiff California Sportfishing Protection Alliance (“Plaintiff”) filed
its complaint (“Complaint”) in this action on July 12, 2016;
WHEREAS, Plaintiff and Defendants Forever Resorts, LLC, Lake Oroville Marina,
LLC, Bill Harper, and Rex Maughan (“Defendants”) reached agreement and executed a
[Proposed] Consent Agreement (“Settlement”) on or about December 2, 2016;
WHEREAS, The United States Department of Justice reviewed the Settlement and
-1STIPULATION AND ORDER
RE DISCOVERY SCHEDULE

Case No. 2:16-CV-01595 MCE-EFB

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submitted a letter expressing no objection on January 19, 2017;
WHEREAS, Plaintiff submitted the Settlement to the Court for approval pursuant to
the requirements of Proposition 65 on December 6, 2016, and the Court denied the motion to
approve the settlement on February 9, 2017;
WHEREAS, the Parties no longer have a settlement agreement and are actively
engaged in negotiating a new agreement addressing the denial and other matters that have
arisen since the original agreement reached on or about December 2, 2016;
WHEREAS, the Court has ordered that all discovery shall be completed no later than
July 12, 2017, three hundred sixty-five (365) days from the filing of the original complaint in
the action pursuant to the Initial Pretrial Order. Docket No. 3.
WHEREAS, this case management schedule has not been modified to reflect the
Parties’ prior settlement agreement and the cessation of the litigation, the 45-day statutory
review period for agency review of the agreement, the time required for the Court to
adjudicate the Motion to Approve the Proposition 65 Settlement, and most importantly, the
Parties’ continuing settlement efforts and the time anticipated to again facilitate the
mandatory agency review period for the new settlement; and,
WHEREAS, the current case management schedule is untenable because it would
force the Parties to divert their resources into meeting the approaching discovery deadlines
instead of applying those resources to the more productive efforts of reaching another
settlement.

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THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED by and among
the Parties that:
(1) the Initial Pretrial Order be modified to continue the Rule 26 conference deadline
from October 21, 2016 to July 21, 2017;
(2) the close of non-expert discovery shall be continued from July 12, 2017 to July
12, 2018.

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-2STIPULATION AND ORDER
RE DISCOVERY SCHEDULE

Case No. 2:16-CV-01595 MCE-EFB

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Dated: April 6, 2017

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LAW OFFICES OF ANDREW L. PACKARD
By: /s/ Andrew L. Packard______________
Andrew L. Packard
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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Dated: April 6, 2017

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BRADY & VINDING
By: /s/ Michael E. Vinding_____________
(As authorized on April 6, 2017)
Attorneys for Defendants
FOREVER RESORTS, LLC, LAKE
OROVILLE MARINA, LLC, BILL
HARPER AND REX MAUGHAN

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-3STIPULATION AND ORDER
RE DISCOVERY SCHEDULE

Case No. 2:16-CV-01595 MCE-EFB

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing, it is hereby

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ordered that the Initial Pretrial Scheduling Order (ECF No. 3) shall be modified as follows:

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(1) the Rule 26 conference deadline shall be continued from October 21, 2016 to July 21,

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2017; and (2) the close of non-expert discovery shall be continued from July 12, 2017 to July

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12, 2018.

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IT IS SO ORDERED.
Dated: April 12, 2017

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-4STIPULATION AND ORDER
RE DISCOVERY SCHEDULE

Case No. 2:16-CV-01595 MCE-EFB