United States of America v. Sweeney et al

Filing 50

ORDER signed by District Judge Kimberly J. Mueller on 3/5/2018 ORDERING The Scheduling Order is hereby AMENDED such that any joinder of parties or amendments to the pleadings shall be filed by 4/16/2018; No additional joinder or amendments to pleadings will be permitted without leave of court. (Reader, L)

1 JEFFREY H. WOOD
Acting Assistant Attorney General
2 ANDREW J. DOYLE
United States Department of Justice
3 Environmental and Natural Resources Division
Environmental Defense Section
4 301 Howard Street, Suite 1050
San Francisco, CA 94105
5 Tel: [phone] / Fax: [phone]
6 McGREGOR W. SCOTT
United States Attorney
7 GREGORY T. BRODERICK
Assistant United States Attorney
8 501 I Street, Suite 10-100
9 Sacramento, CA 95814
Tel: [phone]
10 Attorneys for the United States
11 LAWRENCE S. BAZEL (CA No. 114641)
BRISCOE IVESTER & BAZEL LLP
12 155 Sansome Street, Seventh Floor
13 San Francisco, CA 94104
Tel: [phone] / Fax: [phone]
14
Attorneys for Defendants John Donnelly Sweeney and
15 Point Buckler Club, LLC
16

UNITED STATES DISTRICT COURT

17
EASTERN DISTRICT OF CALIFORNIA

18
19
20
21
22
23

UNITED STATES OF AMERICA,
Plaintiff,
v.
JOHN DONNELLY SWEENEY and
POINT BUCKLER CLUB, LLC

2:17-cv-00112-KJM-KJN
THIRD STIPULATION AND ORDER RE:
EXTENSION OF DEADLINE TO AMEND
PLEADINGS
ORDER

Defendants.

24
25
26
27
28

Third Stipulation re: Deadline to Amend; Order

2:17-cv-00112-KJM-KJN

1

Pursuant Local Rule 143, the parties hereby stipulate and propose that the Court modify

2

the deadline for joining parties or amending the pleadings. The original deadline was December

3

1, 2017. See Dkt. No. 20 at ¶ II. On that date, the parties stipulated to extend the deadline for

4

amending the pleadings or joining parties up to and including January 1, 2018, which the Court

5

approved. See Dkt. No. 38. On further stipulation, the Court continued the deadline to March 1,

6

2018. See Dkt. No. 44. The parties now stipulate to, and seek, a further continuance to April 16,

7

2018.

8
9

As before, there is good cause for permitting this stipulated extension because the parties
have focused narrowly on limited financial discovery and resolving the matter, including an

10

October 17, 2017, settlement conference, a further December 12, 2017 settlement conference,

11

and a further February 1, 2018 settlement conference. The parties are making progress and yet

12

further settlement proceedings are contemplated. As the parties have conducted no meaningful

13

fact discovery beyond limited financial information, the United States has not been able to

14

determine if there are any further parties to add, or any amendments that may be appropriate.

15

The original extension allowed the parties to avoid hastily amending the pleadings in order to

16

preserve claims, but would require the parties to conduct immediate and substantial discovery

17

while settlement prospects remain alive. Rather than dedicating significant resources to

18

discovery, the parties desire to give resolution every opportunity. Therefore, the parties

19

stipulate, and propose, to extend the deadline for joining parties or amending the pleadings from

20

March 1, 2018 to April 16, 2018, approximately 45 days.

21

Respectfully submitted,

22

McGREGOR W. SCOTT
United States Attorney

23
24

Dated: March 1, 2017

25

/s/ Gregory T. Broderick
GREGORY T. BRODERICK,
Assistant United States Attorney
Attorneys for the United States

26
27

/s/ Lawrence S. Bazel (authorized 03/01/2018)
LAWRENCE S. BAZEL
Attorney for Defendants

28

Third Stipulation re: Deadline to Amend; Order

2:17-cv-00112-KJM-KJN
1

ORDER

1
2

In accordance with the foregoing stipulation and good cause appearing, IT IS SO

3

ORDERED. The Scheduling Order is hereby amended such that any joinder of parties or

4

amendments to the pleadings shall be filed by April 16, 2018. No additional joinder or

5

amendments to pleadings will be permitted without leave of court, good cause having been

6

shown.

7

DATED: March 5, 2018.

8
9
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Third Stipulation re: Deadline to Amend; Order

2:17-cv-00112-KJM-KJN
2