California River Watch v. Sweeney et al

Filing 42

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/16/2017 ORDERING that the Status (Pretrial Scheduling) Conference now scheduled in this matter for 10/26/2017 at 2:30 p.m. is hereby RESCHEDULED for 11/30/2017, at 2:30 p.m. Defendants may have until 11/30/2017 to answer or otherwise respond to the complaint in this matter. (Zignago, K.)

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JOHN BRISCOE (053223)
LAWRENCE S. BAZEL (114641)
BRISCOE IVESTER & BAZEL LLP
155 Sansome Street, Seventh Floor
San Francisco, CA 94104
Tel [phone]
Fax [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
JOHN D. SWEENEY and POINT BUCKLER CLUB, LLC (also sued as Point Buckler, LLC)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA RIVER WATCH,
Plaintiff,

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v.

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JOHN DONNELLY SWEENEY; POINT
BUCKLER, LLC; POINT BUCKLER CLUB,
LLC; DOES 1 through 10, inclusive;

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Defendants.

No.

2:16-CV-02972-KJM-KJN

STIPULATION EXTENDING TIME TO
ANSWER AND REQUESTING
RESCHEDULING OF STATUS
(PRETRIAL SCHEDULING)
CONFERENCE
ORDER
Courtroom: 3
Hon. Kimberly J. Mueller

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STIPULATION EXTENDING TIME TO ANSWER AND REQUESTING RESCHEDULING OF
STATUS CONFERENCE AND ORDER

NO. 2:16-CV-02972-KJM-KJN

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STIPULATION
Plaintiff California River Watch (“Plaintiff”) and Defendants John D. Sweeney and Point

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Buckler Club, LLC (also sued as Point Buckler, LLC) (collectively “Defendants”) hereby stipulate

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as follows:

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1.

On June 29, 2017, the Court scheduled a settlement conference for October 17, 2017

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in the case of United States v. Sweeney, No. 2:17-cv-00112-KJM-KJN. (ECF Doc 20 at 9.) The

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settlement conference is to be held before Judge Newman.

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2.

On September 6, 2017, the Court scheduled the Status (Pretrial Scheduling)

Conference in this matter for October 26, 2017 at 2:30 p.m. (ECF Doc. 39.)
3.

On September 25, 2017, the Court denied Defendants’ motion to dismiss, and ordered

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Defendants to answer within fourteen days, which because of the Columbus Day closure puts the

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deadline at October 10, 2017. (ECF Doc. 40.)

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4.

On October 3, 2017, counsel for Defendants contacted counsel for Plaintiff and

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requested an extension of time. Since then counsel have been conferring by e-mail and telephone,

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and have discussed settlement as well as an extension of time.

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5.

The parties agree that the settlement conference in United States v. Sweeney may

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prove beneficial to settlement discussions in this matter. Both United States v. Sweeney and this

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matter concern activities undertaken by Defendants at Point Buckler Island.

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6.

Because the United States is demanding that work be done on the island, additional

time beyond the settlement conference may be needed to work out the details of a settlement.
7.

The Parties request that the Status (Pretrial Scheduling) Conference now scheduled in

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this matter for October 26, 2017 at 2:30 p.m. be rescheduled for November 16, 2017 at 2:30 p.m., or

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at a later date if that date is inconvenient for the Court.

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8.

The Parties stipulate that Defendants may have until November 30, 2017 to answer or

otherwise respond to the complaint in this matter.

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STIPULATION REQUESTING RESCHEDULING OF STATUS CONFERENCE AND ORDER

NO. 2:16-CV-02972-KJM-KJN

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DATED: October 9, 2017

BRISCOE IVESTER & BAZEL LLP

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By:

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Lawrence S. Bazel
Attorneys for Defendants JOHN D. SWEENEY
and POINT BUCKLER CLUB, LLC (also sued as
Point Buckler, LLC)

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DATED: October 9, 2017

LAW OFFICE OF EDWARD E. YATES

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By: /s/ Edward E. Yates, authorized on October 9, 2017
Edward E. Yates
Attorney for Plaintiff
CALIFORNIA RIVER WATCH

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The Status (Pretrial Scheduling) Conference now scheduled in this matter for October 26,

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2017 at 2:30 p.m. is hereby rescheduled for November 30, 2017, at 2:30 p.m. Defendants may have

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until November 30, 2017 to answer or otherwise respond to the complaint in this matter.

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IT IS SO ORDERED.
DATED: October 16, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION REQUESTING RESCHEDULING OF STATUS CONFERENCE AND ORDER

NO. 2:16-CV-02972-KJM-KJN