United States of America et al v. East Bay Municipal Utility District

Filing 20

ORDER re 19 granting STIPULATION Continuing Case Management Conference. Initial Case Management Conference set for 9/15/2009 02:00 PM.. Signed by Judge Claudia Wilken on 6/19/09. (scc, COURT STAFF) (Filed on 6/19/2009)

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JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice LORI JONAS (Bar # 158268) Senior Attorney Environmental Enforcement Section P.O. Box 7611 Washington, D.C. 20044 [phone] (telephone); [phone] (facsimile) JOSEPH P. RUSSONIELLO (Bar # 44332) United States Attorney Northern District of California CHARLES M. O'CONNOR (Bar # 56320) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 [phone] (telephone); (415) 436-76748 (facsimile) Attorneys for Plaintiff United States IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, and THE PEOPLE OF THE STATE OF CALIFORNIA ex rel. CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, and CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN FRANCISCO BAY REGION, ) CASE NO. C 09-0186 CW ) ) ) ) ) ) ) STIPULATION AND ORDER ) CONTINUING CASE Plaintiffs, ) MANAGEMENT CONFERENCE v. ) ) EAST BAY MUNICIPAL UTILITY ) Date: July 7, 2009 DISTRICT ) Time: 2:00 p.m. ) Defendant. ) Courtroom: No. 2 ___________________________________ ) A case management conference is scheduled in the above-captioned action for July 7, 2009. For the reasons stated below, the parties stipulate that the case management conference be continued and ask the Court to continue it for sixty (60) days. On January 15, 2009, plaintiffs filed a Complaint and a Notice of Lodging, and lodged with the Court a proposed Stipulated Order for Preliminary Relief in the above captioned case. Pursuant to 28 C.F.R. § 50.7, the plaintiff United States was required to publish notice of lodging the Stipulated Order in the Federal Register and accept public comment on the proposed

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Stipulated Order for a period of thirty days before requesting entry of the Stipulated Order. Thereafter, on January 27, 2009, the United States caused notice of the lodging of the Stipulated Order to be published in the Federal Register, and comments were received until February 27, 2009. After publication of the prescribed notice in the Federal Register and receipt of comments, the United States is to inform the Court of its views regarding any comments that are received and, if it believes that entry of the proposed Stipulated Order remains warranted. The United States has now evaluated the comments and expects to inform the Court of its views and move for entry of the proposed Stipulated Order within three weeks of the date this stipulation is signed. Because the undersigned parties expect that the Stipulated Order will be submitted to the Court for entry within three weeks, they believe that further litigation will not be necessary at this time and proceeding with the case management conference on July 7, 2009, would waste the time and resources of both the Court and the parties. NOW THEREFORE, IT IS HEREBY STIPULATED by and among the parties, through their undersigned counsel, that the case management conference set for July 7, 2009, be continued for sixty (60) days. Respectfully submitted, JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice LORI JONAS Senior Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C. 20044 [phone] // Stipulation and Order Continuing Case Management Conference C 09-0186 CW -2-

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JOSEPH P. RUSSONIELLO United States Attorney Northern District of California /s/ ________________________ CHARLES M. O'CONNOR Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 [phone] Attorneys for the United States of America EDMUND G. BROWN, JR. Attorney General of the State of California /s/ JOHN DAVIDSON Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 [phone] Attorneys for the State of California BARG COFFIN LEWIS &TRAPP, LLP /s/ KATHRYN L. OEHLSCHLAGER 350 California Street, 22nd Floor San Francisco, CA 94104-1435 [phone] Attorneys for East Bay Municipal Utility District ORDER IT IS SO ORDERED. Based upon the foregoing stipulation, signed on behalf of all parties to this action, the case management conference scheduled for July 7, 2009, is hereby continued until September 15, 2009, at 2:00 p.m. DATED: June 19, 2009

CLAUDIA WILKEN United States District Judge

Stipulation and Order Continuing Case Management Conference C 09-0186 CW -3-