United States of America v. Bradley Mining Company

Filing 15

STIPULATION AND ORDER for Stay. Signed by Judge Thelton E. Henderson on 01/16/09. (rbe, COURT STAFF) (Filed on 1/16/2009)

RONALD J. TENPAS Assistant Attorney General 2 Environment and Natural Resources Division 3 U.S. Department Of Justice
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SEAN CARMAN LOREN REMSBERG Trial Attorneys Environmental Enforcement Section U.S. Department of Justice 601 D Street NW Washington, D.C. 20004 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 CO., Defendant. ) ) ) ) ) ) ) ) ) ) Civil No. C 3:08-cv-05501 TEH STIPULATION FOR STAY AND [PROPOSED] ORDER

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IT IS HEREBY STIPULATED by Plaintiff, the United States of America, on the one hand, and Defendant, Bradley Mining Company, on the other hand, that: (1) all proceedings in this matter, with the exception of mediation-related proceedings, be stayed until the Initial Case Management Conference, which is currently scheduled for April 20, 2009 at 1:30 p.m.; and (2) the United States' response to the counterclaims is not due until June 19, 2009, 60 days after the continued Initial Case Management Conference. The parties respectfully submit that good cause exists for staying proceedings in this matter, as follows: 1. In a Stipulation filed with this Court on January 13, 2009, Plaintiff and Defendant in this case agreed to participate in mediation in an attempt to settle this matter before any further litigation is required. 2. 3. This case will be mediated alongside Case No. 3-08-CV-03968, in Resolution of the United States' claims and Defendants' which Martin Quinn, Esq., of JAMS, has been appointed as Mediator. counterclaims through mediation would serve to reduce litigation expenses for the parties and would also preserve the Court's resources. The parties agree that they will provide a joint report to the Court on case status, prospects of settlement, and case management scheduling, if needed, by March 20, 2009. The parties have submitted a proposed Order concurrently with this Stipulation. I attest that concurrence in the filing of this Stipulation has been obtained by Mr. Wactor. Dated: January 13, 2009 /s/ Sean Carman SEAN CARMAN LOREN REMSBERG Trial Attorneys U.S. Department of Justice 601 D Street NW Washington, D.C. 20004 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff United States

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Dated: January 13, 2009

/s/ Jon Wactor Jon Wactor Wactor & Wick LLP 180 Grand Avenue, Suite 950 Oakland, California 94612 Tel: [phone] Fax: [phone] Attorney for Defendant Bradley Mining Co.

[PROPOSED] ORDER GOOD CAUSE APPEARING, IT IS ORDERED that: (1) all proceedings in this matter, with the exception of mediation-related proceedings, shall be stayed until the continued Initial Case Management Conference; (2) (3) the United States' response to the counterclaims is not due until 60 days after the continued Initial Case Management Conference; and the parties shall provide a joint report to the Court on case status, prospects of settlement, and case management scheduling, if needed, by March 20, 2009. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:
01/16/09

UNIT ED

THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT
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