Tri-Valley Cares v. United States Department of Energy et al

Filing 28

STIPULATION AND ORDER vacating the Summary Judgment hearing on 11/19/10 and setting a Further Case Management Conference for 11/19/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 8/24/10. (tdm, COURT STAFF) (Filed on 8/24/2010)

Download PDF
Tri-Valley Cares v. United States Department of Energy et al Doc. 28 1 TONY WEST Assistant Attorney General 2 ISAAC R. CAMPBELL United States Department of Justice 3 Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Room 6130 4 Washington, D.C. 20530 Tel: (202) 616-8476 5 Fax: (202) 616-8460 MELINDA HAAG CSBN 132612 7 United States Attorney JOANN M. SWANSON, CSBN 88143 8 Assistant United States Attorney Chief, Civil Division 9 ILA C. DEISS, NYSBN 3052909 Assistant United States Attorney 10 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 11 Telephone: (415) 436-7124 FAX: (415) 436-7169 12 ila.deiss@usdoj.gov 13 Attorneys for Defendants 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 TRI-VALLEY CARES, ) No. C 08-5408 SC 18 ) ) 19 Plaintiff, ) STIPULATION TO VACATE DATES; ) and [Proposed] ORDER 20 ) v. ) 21 ) UNITED STATES DEPARTMENT OF ) 22 ENERGY and NATIONAL NUCLEAR ) Date: November 19, 2010 SECURITY ADMINISTRATION, ) Time: 10:00 a.m. 23 ) ) 24 Defendants. ) ) 25 26 27 28 Stipulation to Vacate Briefing C 08-5408 SC Dockets.Justia.com 6 /// /// 1 Plaintiff, Tri-Valley Cares, and defendants, the United States Department of Energy ("DOE"), 2 and the National Nuclear Security Administration ("NNSA"), by and through their counsel of 3 record, hereby stipulate, subject to the approval of the Court, to the following: 4 1. On April 20, 2010, the Court set a supplemental briefing schedule for the parties in which 5 the initial round of summary judgment briefing was set to begin on July 15, 2010. 6 2. Since that time, the parties have been engaged in settlement discussions and narrowed the 7 areas of contention to the issue of attorney's fees. 8 3. On or about August 11, 2010, the parties reached a tentative agreement on attorneys' fees 9 and intend to resolve this case without further litigation. 10 4. In this case, the process of finalizing a settlement agreement with the government requires 11 final approval by a certain component of the U.S. Department of Justice. This final approval 12 process can only begin after the terms of a settlement agreement between the parties has been 13 completed and finalized. 14 5. The parties now respectfully request that the Court terminate summary judgement briefing 15 and allow defendants time to seek the aforementioned final approval of the tentative settlement 16 agreement. Accordingly, the parties request that the current briefing schedule, in which plaintiff is 17 set to begin the initial round of summary judgment on August 16, 2010, be vacated and that the 18 November 19, 2010 hearing date be vacated. 19 20 21 22 23 24 25 26 27 28 Stipulation to Vacate Briefing C 08-5408 SC 2 /// /// /// /// 1 6. Additionally, the parties respectfully request a status conference with the Court on 2 November 19, 2010, at 10:00am. 3 4 5 Dated: August 16, 2010 6 7 8 9 10 11 12 13 14 15 Dated: August 16, 2010 16 17 18 19 20 21 22 23 UNIT ED ISTRIC ES D TC AT T . Respectfully submitted, MELINDA HAAG United States Attorney /s/ ISAAC CAMPBELL Trial Attorney United States Department of Justice ILA C. DEISS Assistant United States Attorney Attorneys for Defendants /s/ SCOTT J. YUNDT Attorney for Plaintiff ORDER Pursuant to the stipulation, IT IS SO ORDERED. A further case management conference is set for November 19, 2010 at 10:00 am. Should the parties resolve this matter prior to that date, a stipulation to dismiss shall be promptly filed and the case management conference vacated. RT U O 24 25 26 27 28 Stipulation to Vacate Briefing C 08-5408 SC 3 Date: August 24, 2010 S ER N F D IS T IC T O R A C LI FO SAMUEL CONTI nti amuel C United StateseDistrictoJudge Judg S NO R NIA OO IT IS S D RDERE RT H

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?