United States of America v. Bradley Mining Company et al

Filing 47

STIPULATION AND ORDER to extend answer deadline. Signed by Judge Thelton E. Henderson on 03/24/10. (rbe, COURT STAFF) (Filed on 3/24/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice ROCHELLE L. RUSSELL (Cal. Bar No. 244992) ROBERT D. MULLANEY (Cal. Bar No. 116441) Trial Attorneys Environment and Natural Resources Division U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: (415) 744-6566 (Ms. Russell) Tel: (415) 744-6491 (Mr. Mullaney) Fax: (415) 744-6476 Email: rochelle.russell@usdoj.gov Email: robert.mullaney@usdoj.gov Attorneys for Plaintiff and Counter-Defendant United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) 16 Plaintiff, 17 v. 18 19 20 21 22 23 24 25 26 27 28 BRADLEY MINING COMPANY, et al., Defendants. Case No. 3:08-CV-03968 TEH STIPULATION TO EXTEND ANSWER DEADLINE AND [PROPOSED] ORDER THEREON 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on August 19, 2008, Plaintiff United States of America ("United States"), on behalf of the United States Environmental Protection Agency, filed the complaint in the above-captioned matter against Defendants Bradley Mining et al., seeking, among others, recovery of unreimbursed costs incurred and to be incurred by it, together with interest, for activities undertaken in response to the release or threatened release of hazardous substances at the Sulphur Bank Mercury Mine Superfund Site pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9607(a); WHEREAS, on November 18, 2008, Defendants filed an amended answer to the complaint, including counterclaims against the United States; WHEREAS, at the parties' request, the Court stayed this action on November 17, 2008, to allow the parties to participate in mediation, and such order has been modified by the Court's Order of February 4, 2010, as explained below; WHEREAS, pursuant to stipulation, the United States' time for filing a response to Defendants' counterclaims has been extended several times to allow for settlement discussions; WHEREAS, the United States' response to Defendants' counterclaims is currently due on April 2, 2010; WHEREAS, on February 1, 2010, the Court held a Case Management Conference, in which the parties expressed their continued interest in resolving this case and the related action, United States v. Bradley Mining Company, 08-CV-05501 TEH, through settlement; WHEREAS, on February 4, 2010, the Court, in response to the matters raised at the Case Management Conference, issued an Order that, among other things, required the United States to join the Elem Tribe as a necessary party unless certain settlement issues are reconciled within 90 days and set a further Case Management Conference for May 3, 2010, Dkt. 45; WHEREAS, the parties seek to continue their efforts at resolving the complex settlement matters noted in the Court's February 4, 2010 Order before the continued May 3, 2010 Case Management Conference, and agree that a further extension of the United States' deadline for filing a response to Defendants' counterclaims is therefore warranted; 2 Stipulation to Extend Answer Deadline - Case No. 3-08-CV-03968 TEH 1 2 3 4 5 6 7 8 9 10 11 12 13 NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate that the United States shall file its response to Defendants' counterclaims on or before May 28, 2010. Dated: March 22, 2010 /s/ Rochelle L. Russell ROCHELLE L. RUSSELL ROBERT D. MULLANEY Trial Attorneys Environment and Natural Resources Division U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 Tel: (415) 744-6566 (Ms. Russell) Tel: (415) 744-6491 (Mr. Mullaney) Fax: (415) 744-6476 Email: rochelle.russell@usdoj.gov Email: robert.mullaney@usdoj.gov Attorneys for Plaintiff and Counter-Defendant United States of America /s/ Jon K. Wactor JON K. WACTOR Wactor & Wick LLP 180 Grand Avenue, Suite 950 Oakland, California 94612 Tel: (510) 465-5750 Fax: (510) 465-5697 Email: JonWactor@ww-envlaw.com Attorneys for Defendants Bradley Mining Company and Frederick Bradley, as Trustee of the Worthen Bradley Family Trust Dated: March 22, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 03/24/10 PURSUANT TO STIPULATION, IT IS SO ORDERED. S DISTRICT TE _________________________________ C A THELTT N E. HENDERSON, JUDGE O RT U O UNIT ED UNITED STATES DISTRICT COURT S J ER N 3 Stipulation to Extend Answer Deadline - Case No. 3-08-CV-03968 TEH F D IS T IC T O R A C LI FO He elton E. udge Th nderson R NIA NO RT H

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