California River Watch v. Sweeney et al

Filing 69

ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/2019 IT IS SO ORDERED a Settlement Conference is set for 6/12/2019 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties are directed to exchange non-confidential settlement conference statements seven days prior to the settlement conference. (Reader, L)

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Jack Silver, Esq. SB #160575
LAW OFFICE OF JACK SILVER
708 Gravenstein Hwy North. # 407
Sebastopol, CA 95472-2808
Tel. [phone]
Email: [e-mail]

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Edward E. Yates, Esquire SB# 135138
LAW OFFICE OF EDWARD E. YATES
20 Skylark Drive, #12
Larkspur, CA 94939
Tel. [phone]
Email: [e-mail]
Attorneys for Plaintiff
CALIFORNIA RIVER WATCH

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CALIFORNIA RIVER WATCH, an IRC
Section 501(c)(3), non-profit, public
benefit corporation,

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Plaintiff,

CASE NO: 2:16-cv-02972-KJM-KJN
STIPULATION AND ORDER TO SET
FURTHER SETTLEMENT
CONFERENCE

v.
Date:
JOHN DONNELLY SWEENEY; POINT
Time:
BUCKLER, LLC; POINT BUCKLER CLUB, Ctrm:
LLC; DOES 1 through 10, Inclusive.
Judge:

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June 12, 2019
9:00 am
25
Hon. Kendall J. Newman

Defendants.

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STIPULATION
Plaintiff California River Watch (“Plaintiff”) and Defendants John D. Sweeney and Point
Buckler Club, LLC (also sued as Point Buckler, LLC) (collectively “Defendants) hereby stipulate as
follows:
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An Initial Status Conference was held in this matter on November 30, 2017. The Court

issued its Pretrial Conference Scheduling Order (Dk #46) in which this matter was referred to

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STIP AND ORDER TO SET FURTHER SETTLEMENT CONF.

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

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Magistrate Judge Kendall J. Newman for settlement. Judge Newman also serves as settlement judge

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in the related case - United States v. John Sweeney, et al., 2:17-cv-00112 KJM-KJN.

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2.

A Settlement Conference in the present matter was held before Magistrate Judge

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Newman on February 21, 2018 at which time Plaintiff presented an offer of settlement which would

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remain open for a period of thirty (30) days, allowing Defendants time to continue their negotiations

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for settlement in the related case.

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3.

Upon Stipulation of the parties, this Court (Hon. Kimberly J. Mueller) issued its Order

of June 5, 2018 (Dk #54) staying discovery in this matter. The stay remains in effect at this time.

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4.

Defendants’ settlement discussions in the related case are no longer pending.

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5.

The parties in the present case have discussed and considered resolution options, and

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agree a further settlement conference with Magistrate Judge Newman would be beneficial.
6.

The parties stipulate that this matter be set for a further Settlement Conference before

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Magistrate Judge Newman on June 12, 2019 at 9:00 a.m., the Court having advised that this date is

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available.

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DATED: 03-26-19

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BRISCOE IVESTER & BAZEL LLP
By:
/s/ Lawrence S. Bazel
Lawrence S. Bazel
Attorney for Defendants
JOHN D. SWEENEY and POINT BUCKLER CLUB,
LLC (also sued as Point Buckler, LLC)

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DATED: 03-26-19

LAW OFFICE OF JACK SILVER
By:

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/s/ Jack Silver
Jack Silver

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DATED: 03-26-19

LAW OFFICE OF EDWARD E. YATES
By:

/s/ Edward E. Yates
Edward E. Yates
Attorneys for Plaintiff
CALIFORNIA RIVER WATCH

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STIP AND ORDER TO SET FURTHER SETTLEMENT CONF.

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

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ORDER
This Court, having received and reviewed the Stipulation of the parties referenced immediately
above, and finding good cause therefore,

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IT IS SO ORDERED THAT,

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This matter is set for further Settlement Conference on Wednesday, June 12, 2019, at 9:00

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a.m., in Courtroom 25 of this Court.

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The parties are reminded to have a principal with full settlement authority present for the
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settlement conference or to be fully authorized to settle the matter on any terms. The individual with

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full settlement authority to settle must also have unfettered discretion and authority to change the

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settlement position of the party, if appropriate. The purpose behind requiring attendance of a person

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with full authority is that the parties view of the case may be altered during the face to face

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conference. An authorization to settle for a limited dollar amount or sum certain can be found not to

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comply with the requirement of full authority to settle.

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The parties are directed to exchange non-confidential settlement conference statements seven
days prior to the settlement conference. These statements shall be simultaneously delivered to the

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Court using the following email address: [e-mail]. These statements should not

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be filed on the case docket. If a party desires to share additional confidential information with the

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Court, they may do so pursuant to Local Rule 270(d) and (e).

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Dated: March 27, 2019

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STIP AND ORDER TO SET FURTHER SETTLEMENT CONF.

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