United States of America v. Bradley Mining Company et al

Filing 64

STIPULATION AND ORDER continuing the Case Management Conference to 2/7/2011 at 01:30 PM and the Motion Hearing to 3/7/2011 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 10/08/10. (rbe, COURT STAFF) (Filed on 10/8/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice ROBERT D. MULLANEY (Cal. Bar No. 116441) Trial Attorney Environmental Enforcement Section U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. BRADLEY MINING COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 3:08-CV-03968 TEH JOINT STATUS REPORT, STIPULATION, AND [PROPOSED] ORDER

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On July 2, 2010, the parties filed a joint status report, stipulation, and proposed order with the Court, stating that the parties had not yet finalized the terms of a settlement but that an exchange of settlement documents had significantly narrowed the differences between the parties. Docket No. 60 at 2. Pursuant to the stipulation, this Court entered an Order staying proceedings until the Initial Case Management Conference and requiring the parties to provide a joint report on case status, prospects of settlement, and case management scheduling by October 4, 2010. Docket No. 61 at 3-4. The parties hereby submit this report in response to the Court's Order. The proposed settlement encompasses disbursement of insurance proceeds, division of annual income, land transfer, and covenants associated with the proposed settlement agreement. In order to finalize their proposed agreement regarding land transfer, representatives of the United States and the Settling Defendants held a meeting in mid-July at the Sulphur Bank Site to agree on specific lot-line adjustments for one parcel. The United States is now working with a surveyor to prepare a legal description for the lot-line adjustments that were agreed upon by the United States and the Settling Defendants. The United States is also working with officials in Lake County, California, to ensure that the parties meet the County's requirements for the lotline adjustments. As issues have arisen related to the transfer of land pursuant to the parties' proposed agreement, the draft settlement documents have required additional modifications and refinements. In addition, the parties have also drafted and exchanged settlement documents to reflect the specific requirements of the proposed settlement relating to insurance proceeds, division of annual income, and covenants. The parties continue to make substantial progress toward reaching a final agreement among the United States, the Settling Defendants, and the Elem Tribe. As provided in the proposed Order below, the parties jointly stipulate and request the Court to: (1) stay all proceedings in this matter, with the exception of any further mediationrelated proceedings, until the continued Initial Case Management Conference; and (2) continue the Initial Case Management Conference until February 7, 2011, so that the parties may conclude settlement negotiations regarding the terms of a proposed consent decree. The parties propose to 2 Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-03968 TEH

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report to the Court by January 7, 2011, regarding case status, prospects of settlement, and case management scheduling, if needed. IT IS SO STIPULATED. I attest that concurrence in the filing of this Joint Status Report, Stipulation, and [proposed] Order has been obtained from Mr. Jon K. Wactor, the attorney for Defendants Bradley Mining Company and Frederick Bradley, Trustee for the Worthen Bradley Family Trust. Dated: October 4, 2010 /s/ Robert D. Mullaney Robert D. Mullaney Environmental Enforcement Section U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 Tel: [phone] Fax: [phone] Attorneys for Plaintiff United States of America Dated: October 4, 2010 /s/ Jon K. Wactor Jon K. Wactor Wactor & Wick LLP 180 Grand Avenue, Suite 950 Oakland, California 94612 Tel: [phone] Fax: [phone] Attorneys for Defendants Bradley Mining Company and Frederick Bradley, as Trustee of the Worthen Bradley Family Trust

[PROPOSED] ORDER GOOD CAUSE APPEARING, IT IS ORDERED that: (1) all proceedings in this matter, with the exception of any further mediation-related proceedings, shall be stayed until the continued Initial Case Management Conference; (2) the Initial Case Management Conference, which is currently set for 1:30 p.m. on November 1, 2010, shall be continued until 1:30 p.m. on February 7, 2011. or a date thereafter that is set by the Court; (3) the United States' response to the counterclaims is not due until April 8, 2011. or 60 days after the date set by the Court for the continued Initial Case Management Conference; 3 Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-03968 TEH

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(4)

Bradley Trust's motion for summary judgment, currently scheduled for hearing on November 29, 2010, shall be continued until 10 a.m. on March 7, 2011; and

(5)

the parties shall provide a joint report to the Court on case status, prospects of settlement, and case management scheduling, if needed, by January 7, 2011. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:

10/08/10

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UNITED STATES DISTRICT COURT

UNIT ED

THELTON E. HENDERSON, JUDGE

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