United States of America v. Bradley Mining Company et al
STIPULATION AND ORDER for Stay and continuance of Initial Case Management Conference to 4/20/2009 at 01:30 PM. Signed by Judge Thelton E. Henderson on 11/14/08. (rbe, COURT STAFF) (Filed on 11/17/2008)
1 RONALD J. TENPAS
Assistant Attorney _General
2 Environment and-Natural Resources Division
U.S. Department of Justice
ROBERT D. MULANEY (CaL. Bar No. 116441)
Environmental Enforcement Section
301 Howard Street, Suite 1050
4 Trial Attorney
5 U.S. Department of Justice
6 San Franciscoz CA 94105 Tel: (415) 7q4-6491 7 Fax: (415) 744-6476
E-mail: Robert.Mullaney(iusdoj .gov
9 Attorneys for Plaintiff United States of America
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
14 UNITED STATES OF AMRICA,
Case No. 3-08-CV -03968 THE
17 BRADLEY MINING COMPANY, and FREDERICK BRADLEY, as
18 Trustee of the Worthen Bradley Family Trust,
CONTINANCE OF INITIAL
CASE MANAGEMENT CONFERENCE AND (PROPOSED) ORDER
1 IT is HEREBY STIPULATED by Plaintiff, the United States of America,
2 on the one hand, and Defendants, Bradley Mining Company and Frederick
3 Bradley, as Trustee of
the Worthen Bradley Family Trust, on the other hand, that:
4 (1) the Initial Case Management Conference, which is currently set for 1 :30 p.m.
5 on December 1,2008, be continued until 1 :30 p.m. on April 20, 2009, or a date
6 thereafter that is set by the Court; (2) all proceedings in this matter, with the
7 exception of ( a) Defendants' filing of an amended Answer and counterclaims, and
8 (b) mediation-related proceedings, be stayed until the continued Initial Case
9 Management Conference; (3) Defendants' amended Answer and counterclaims
10 shall be filed by November 21,2008; and (4) the United States' response to the
11 counterclaims is not due until June 19, 2009, 60 days after the continued Initial
12 Case Management Conference.
13 The parties recognize that Initial Case Management Conferences are not
14 routinely continued by the Court. The parties respectfully submit that good cause
15 exists for continuing the Initial Case Management Conference in this matter as
16 follows: 17 1. In a Stipulation filed with this Court on October 24, 2008, Plaintiff
18 and Defendants in this case agreed to participate in mediation in an attempt to
19 settle this matter before any further litigation is required.
20 2. In an Order dated October 27, 2008, the Court referred this case to
21 mediation and set a deadline for the mediation session to take place within 120
22 days from the date of
23 3. In a notice dated October 30, 2008, the Court informed the parties
24 that the mediator assigned to this case is Martin Quinn, Esq., of JAMS.
25 4. The case manager for JAMS has contacted the parties and set a
26 preliminary conference call for the mediator, Mr. Quinn, to discuss the case with
27 counsel on December 4, 2008.
28 5. Without the proposed continuance until April 20, 2009, the parties
2 STIPULATION FOR STAY, CONTINUANCE & ORDER - 3-08-CV-03968 THE
1 would have to expend substantial resources to comply with Fed. R. Civ. P. 16(b)
2 and 26 in preparation for the Initial Case Management Conference with the Court.
3 Such expenditures may prove unnecessary if
the mediation is successfuL. The
4 continuance requested herein would also provide the parties with time to prepare
5 for mediation and to participate in it before the parties would need to engage in
6 initial disclosures pursuant to Fed. R. Civ. P. 16(b) and 26.
7 6. Resolution of
the United States' claims and Defendants'
8 counterclaims through mediation would serve to reduce litigation expenses for the
9 parties and would also preserve the Court's resources.
10 The parties agree that they wil provide a joint report to the Court on case
11 status, prospects of settlement, and case management scheduling, if needed, by
12 March 20, 2009. The parties have submitted a proposed Order concurrently with
13 this Stipulation.
14 I attest that concurrence in the filing of
this Stipulation has been obtained
15 from Mr. Wactor.
17 Dated: November 12,2008
Isl Robert D. Mullaney
Robert D. Mullaney Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice 301 Howard Street~ Suite 1050 San Francisco, Callfornia 94105
Tel: (~15J 744-6491
Fax: (415) 744-6476
Attorneys for Plaintiff United States of America
STIPULATION FOR STAY, CONTINUANCE & ORDER - 3-08-CY-03968 THE
1 Dated: November 12, 2008
Isl Jon Wactor
Jon Wactor Wactor & Wick LLP 180 Grand Avenue, Suite 950 Oakland, California 94612 Tel: (~1 Q) 465-5750
Fax: (510) 465-5697
Attorneys for Defendants Bradley Mining
Compan'y and Frederick Bradley ~Trustee
for tne Worthen Bradley Family lfust
8 (PROPOSED) ORDER
9 GOOD CAUSE APPEARG, IT is ORDERED that:
10 (1) all proceedings in this matter, with the exception of
(a) Defendants' filing of
11 an amended Answer and counterclaims, and (b) mediation-related
12 proceedings, shall be stayed until the continued Initial Case Management
13 Conference; 14 (2) the Initial Case Management Conference, which is currently set for 1 :30
15 p.m. on December 1, 2008, shall be continued until 1 :30 p.m. on April 20,
16 2009, or a date thereafter that is set by the Court;
17 (3) Defendants shall file an amended Answer and counterclaims by November
19 (4) the United States' response to the counterclaims is not due until June 19,
20 2009, 60 days after the continued Initial Case Management Conference; and
21 (5) the parties shall provide ajoint report to the Court on case status, prospects
22 of settlement, and case management scheduling, if needed, by March 20,
24 PURSUANT TO STIPULATION, IT is SO ORDERED.
THEL TON E. HENDERSON, JUDGE
F D IS T IC T O R
4 Judge Thelton E STIPULATION FOR STAY, CONTINUANCE & ORDER - 3-08-CY-03968 THE
UNITED STATES DISTRICT COURT
S DISTRICT TE C TA
RT U O
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