United States of America v. Bradley Mining Company et al

Filing 68

STIPULATION AND ORDER Continuing Further Case Management Conference to 9/12/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco and 48 MOTION for Summary Judgment Hearing to 3/12/2012 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 04/11/2011. (tmi, COURT STAFF) (Filed on 4/11/2011)

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IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice

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ROBERT D. MULLANEY (Cal. Bar No. 116441)
Senior Counsel
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]

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Attorneys for Plaintiff United States of America

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
BRADLEY MINING COMPANY,
et al.,

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

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On January 6, 2011, the parties filed a joint status report, stipulation, and proposed order

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with the Court, stating that the parties continued to make substantial progress toward a reaching

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a final agreement but had not yet finalized the terms of a settlement. Docket No. 65 at 2.

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Pursuant to the stipulation, this Court entered an Order staying proceedings until the Initial Case

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Management Conference and requiring the parties to provide a joint report on case status,

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prospects of settlement, and case management scheduling by April 8, 2011. Docket No. 66 at 4.

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The parties hereby submit this report in response to the Court’s Order.

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The proposed settlement encompasses disbursement of insurance proceeds, division of

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annual income, land transfer, covenants, the scope of releases, and deed notice provisions for the

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Stibnite Mine site. On March 21, 2011, counsel for Bradley Mining and Bradley Trust requested

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a meeting between his clients and the person at the Environmental Protection Agency (“EPA”)

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Region 9 who would be responsible for approving the settlement. The meeting was requested to

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discuss unresolved settlement terms that have remained points of contention between the parties

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since an exchange of settlement documents in February 2011. As the United States explained to

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Bradley’s counsel on March 23, Jane Diamond, the Director of the Superfund Division, has the

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authority and responsibility to approve any settlement for EPA Region 9. However, she would

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not be back in the office until after April 8, 2011, the filing deadline for this joint status report.

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On April 7, the parties agreed that Defendants will meet with Ms. Diamond on April 28, 2011.

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Pursuant to the Court’s Order, all proceedings in this matter, with the exception of any

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further mediation-related proceedings, are stayed until the Initial Case Management Conference,

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which is currently set for 1:30 p.m. on May 9, 2011. Docket No. 66 at 3. At this point, the

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parties are seeking to discuss and resolve the remaining issues between them, and a meeting

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among the decision makers is scheduled to take place on April 28. Under these circumstances,

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the parties would like to request from the Court an additional stay of litigation and a continuance

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of the Initial Case Management Conference and other deadlines.

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IT IS SO STIPULATED.

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I attest that concurrence in the filing of this Joint Status Report, Stipulation, and

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[proposed] Order has been obtained from Mr. Jon K. Wactor, the attorney for Defendants
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Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-03968 TEH

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Bradley Mining Company and Frederick Bradley, Trustee for the Worthen Bradley Family Trust.

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Dated: April 8, 2011

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

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/s/ Robert D. Mullaney

Dated: April 8, 2011

/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

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[PROPOSED] ORDER

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GOOD CAUSE APPEARING, IT IS ORDERED that:

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(1)

proceedings, shall be stayed until the continued Initial Case Management Conference;

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all proceedings in this matter, with the exception of any further mediation-related

(2)

the Initial Case Management Conference, which is currently set for May 9, 2011, at 1:30

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p.m., shall be continued until September 12, 2011, at 1:30 p.m., or a date thereafter that is

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set by the Court;

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(3)

the United States’ response to the counterclaims is not due until November 14, 2011, or

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60 days after the date set by the Court for the continued Initial Case Management

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Conference;

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(4)

Bradley Trust’s motion for summary judgment, currently scheduled for hearing at 10 a.m.

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on June 13, 2011, shall be continued until 10 a.m. on March 12, 2012, or six months after

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the date set by the Court for the continued Initial Case Management Conference; and

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(5)

the parties shall provide a joint report to the Court on case status, prospects of settlement,
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Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-03968 TEH

and case management scheduling, if needed, by August 5, 2011.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:

04/11/2011

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UNIT
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THELTON E. HENDERSON, JUDGE

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UNITED STATES DISTRICT COURT

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Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-03968 TEH