United States of America v. Bradley Mining Company et al

Filing 56

STIPULATION AND ORDER: Case Management Conference is set for 5/3/2010 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Motion Hearing is continued to 6/7/2010 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/05/10. (rbe, COURT STAFF) (Filed on 4/5/2010)

1 JON K. WACTOR (State Bar No. 141566) 2 WACTOR & WICK LLP 3 Oakland CA 94612-3572 4 Facsimile: 6 7 8 9 10 11 12 THE UNITED STATES OF AMERICA, 13 14
v. FREDERICK W. BRADLEY, in his representative Trust, Plaintiff, Case No. CV-08-3968 STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE HEARING ON MOTION FOR SUMMARY JUDGMENT OF DEFENDANT TRUSTEE FREDERICK W. BRADLEY Date: June 7, 2010 Time: 10 a.m. Courtroom: 12 Judge: Thelton E. Henderson Action Filed: August 19, 2008 UNITED STATES DISTRICT COURT OF CALIFORNIA NORTHERN DISTRICT Telephone: PETER TON (State Bar. No. 232226) 180 Grand Avenue, Suite 950 [phone] [phone]

5 Attorneys for Defendants Bradley Mining Company and Frederick W. Bradley, in his
representative capacity as Trustee of the Worthen Bradley Family Trust

15 BRADLEY MINING COMPANY, and 17 18 19 20 21 22 23 24 25

16 capacity as Trustee of the Worthen Bradley Family

Defendants.

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: As provided in the proposed Order below, Plaintiff United States of America ("Plaintiff"),

26 Defendant Bradley Mining Company ("BMCo"), and Defendant Frederick W. Bradley in his 27 representative capacity of the Worthen Bradley Family Trust ("Trustee") (collectively "the 28 Parties") jointly stipulate that:
180 Grand Avenue, Suite 950 Oakland, CA 94612

WACTOR & WICK LLP

-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON TRUSTEE RICK BRADLEY'S MOTION FOR SUMMARY JUDGMENT

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1.

Defendant Trustee requests a Continuance of the hearing for his Motion for

2 Summary Judgment which is currently set for May 3, 2010 at 10:00 a.m., in Courtroom 12, to 3 June 7, 2010 at 10 a.m. so that the Parties may conclude settlement negotiations. 4 6 7 9 10 Dated: April 2, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
180 Grand Avenue, Suite 950 Oakland, CA 94612

2.

The Continuance of the hearing on the Motion for Summary Judgment does not

5 affect the scheduled Case Management Conference currently set for 1:30 p.m. on May 3, 2010.
IT IS SO STIPULATED. I attest that concurrence in the filing of this stipulation and [proposed] order has been

8 obtained from Mr. Robert D. Mullaney, the attorney for Plaintiff United States of America.
/s/ Robert D. Mullaney ROBERT D. MULLANEY Environmental Enforcement Section U.S. Department of Justice Attorneys for Plaintiff United States of America Dated: April 2, 2010 /s/ Jon K. Wactor JON K. WACTOR Wactor & Wick LLP Attorneys for Defendants Bradley Mining Company and Frederick Bradley, as Trustee of the Worthen Bradley Family Trust

WACTOR & WICK LLP

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON TRUSTEE RICK BRADLEY'S MOTION FOR SUMMARY JUDGMENT

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[PROPOSED] ORDER ON STIPULATION OF ALL PARTIES AND GOOD CAUSE APPEARING

3 THEREFORE, it is hereby ORDERED: 4 1. The Hearing set for May 3, 2010 on Defendant Trustee's Motion for Summary 5 Judgment is continued to June 7, 2010 at 10:00 a.m. 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
180 Grand Avenue, Suite 950 Oakland, CA 94612

2.

The Case Management Conference, which is currently set for 1:30 p.m. on May 3,

7 2010, remains on the Court's calendar.
IT IS SO ORDERED. Date: 04/05/10

U.S. District Court Judge

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON TRUSTEE RICK BRADLEY'S MOTION FOR SUMMARY JUDGMENT

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