Northern California Watch v. Union Pacific Railroad Company et al

Filing 62

ORDER APPROVING STIPULATION RE: ENLARGEMENT OF TIME TO AMEND THE PLEADINGS. The deadline to amend the pleadings is extended from January 2, 2009 to February 28, 2009. Signed by Judge Maxine M. Chesney on December 19, 2008. (mmclc1, COURT STAFF) (Filed on 12/19/2008)

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Gordon & ReesL LP 275 Battery Street, Suite 2000 San Francisco, CA 94111

MICHAEL J. PIETRYKOWSKI (SBN: 118677) MORDECAI D. BOONE (SBN: 196811) HOLLY L. KERSHELL (SBN: 245384) GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant WEST COAST METALS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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NORTHERN CALIFORNIA WATCH, a non-profit ) Corporation, ) ) Plaint iffs, ) ) vs. ) ) UNION PACIFIC RAILROAD COMPANY, WEST ) COAST METALS, INC., and DOES 1-10, Inclusive, ) ) Defendants. ) )

CASE NO. 3:08-cv-01256-MMC STIPULATION AND PROPOSED ORDER RE: ENLARGEMENT OF TIME TO AMEND THE PLEADINGS Complaint Filed: June 12, 2008

The parties, by and through their counsel, Mordecai D. Boone and Holly L. Kershell of 18 Gordon & Rees LLP for Defendant West Coast Metals, Inc., Jack Silver of Law Office of Jack 19 Silver for Plaintiff Northern California River Watch, and Melissa B. Hagan of the Law 20 Department of Unio n Pacific Railroad for Defendant Union Pacific Railroad stipulate and 21 request this Court as follows: 22 The parties request that the deadline to amend the pleadings, now set for January 2, 2009, 23 be extended to February 28, 2009. 24 The parties have agreed to this extension to allow time to engage in meaningful 25 settlement negotiations before the deadline to amend pleadings, at which time Defendant West 26 Coast Metals must amend its pleadings to name the several individuals and entities identified in 27 its Notice of Interested Entities. The parties would like to avoid bringing additional part ies into 28 - 1STIPULATION AND PROPOSED ORDER RE: ENLARGEMENT OF TIME TO AMEND THE PLEADINGS

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Gordon & ReesL LP 275 Battery Street, Suite 2000 San Francisco, CA 94111

this action, if it may resolve amo ngst the current parties. This is the second time modification in this case. The first was granted by stipulation on September 19, 2008 to accommodate counsel for Union Pacific Railroad who resides in Houston, Texas, a city significantly impacted by Hurricane Ike, which caused counsel's office to close and made conduct of normal business difficult. The parties do not believe that the grant of this time modification will effect the schedule for the case.

Dated: December 18, 2008

GORDON & REES LLP

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By: ________/s/________________ Holly L. Kershell Attorneys for Defendant WEST COAST METALS, INC.

LAW OFFICE OF JACK SILVER

By: ________/s/________________ Jack Silver Attorneys for Plaintiff NORTHERN CALIFORNIA RIVER WATCH

LAW DEPARTMENT OF UNION PACIFIC RAILROAD

By: ________/s/________________ Melissa B. Hagan Attorneys for Defendant UNION PACIFIC RAILROAD CO. - 2STIPULATION AND PROPOSED ORDER RE: ENLARGEMENT OF TIME TO AMEND THE PLEADINGS

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Gordon & ReesL LP 275 Battery Street, Suite 2000 San Francisco, CA 94111

PURSUANT TO STIPULATION, IT IS SO ORDERED

December 18 Dated: ___________ , 2008

_______________________________ The Honorable Maxine M. Chesney United States District Judge

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WCM/1053358/6208621v.1