United States of America v. Bradley Mining Company et al

Filing 21

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)

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1 RONALD J. TENPAS Assistant Attorney _General 2 Environment and-Natural Resources Division U.S. Department of Justice 3 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 8 9 Attorneys for Plaintiff United States of America 10 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 14 UNITED STATES OF AMRICA, 15 Plaintiff, 16 Case No. 3-08-CV -03968 THE v. 17 BRADLEY MINING COMPANY, and FREDERICK BRADLEY, as 18 Trustee of the Worthen Bradley Family Trust, 19 CONTINANCE OF INITIAL STIPULATION FOR STAY AND CASE MANAGEMENT CONFERENCE AND (PROPOSED) ORDER Defendants. 20 21 22 23 24 25 26 27 28 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 the Order. 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. 16 17 Dated: November 12,2008 18 19 Isl Robert D. Mullaney 20 21 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 22 23 Fax: (415) 744-6476 Attorneys for Plaintiff United States of America 24 25 26 27 28 3 STIPULATION FOR STAY, CONTINUANCE & ORDER - 3-08-CY-03968 THE 1 Dated: November 12, 2008 2 3 Isl Jon Wactor 4 5 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 6 7 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 18 21,2008; 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, 23 2009. 24 PURSUANT TO STIPULATION, IT is SO ORDERED. 25 27 28 UNIT ED THEL TON E. HENDERSON, JUDGE ER N F D IS T IC T O R A C LI 4 Judge Thelton E STIPULATION FOR STAY, CONTINUANCE & ORDER - 3-08-CY-03968 THE FO . Hende rson R NIA UNITED STATES DISTRICT COURT S 26 Dated: 11/14/08 S DISTRICT TE C TA RT U O NO RT H

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