San Francisco Baykeeper v. West Bay Sanitary District

Filing 182

STIPULATION AND ORDER RE SETTLEMENT CONFERENCE: Settlement Conference reset to 1/10/2012 at 1:30 P.M. before Magistrate Judge Laurel Beeler. Settlement Conference statements due by 1/3/2012 at NOON. Counsel shall lodge the statements to the court's proposed order box, [e-mail] no later than 1/3/2012 at NOON. Signed by Magistrate Judge Laurel Beeler on 12/27/2011. (ls, COURT STAFF) (Filed on 12/27/2011)

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LAWYERS FOR CLEAN WATER
DANIEL COOPER (Bar No. 153576)
CAROLINE KOCH (Bar No. 266068)
1004-a O’Reilly Avenue
San Francisco, CA 94129
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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DOWNEY BRAND LLP
MELISSA A. THORME (Bar No. 151278)
OLIVIA M. WRIGHT (Bar No. 240200)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
WEST BAY SANITARY DISTRICT

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Additional Counsel of Record listed below.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO BAYKEEPER, a
California non-profit corporation,

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Plaintiff,

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v.

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STIPULATION RE: PROPOSED
SETTLEMENT CONFERENCE DATE;
[Proposed] ORDER

WEST BAY SANITARY DISTRICT, a
California independent municipal
corporation,

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Case No. C-09-05676 EMC (LB)

Defendant.

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1204210.1

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STIPULATION RE: PROPOSED SETTLEMENT CONFERENCE DATE

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ATCHISON, BARISONE, CONDOTTI &
KOVACEVICH
ANTHONY P. CONDOTTI (Bar No. 149886)
333 Church Street
Santa Cruz, CA 95060
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
WEST BAY SANITARY DISTRICT
ENVIRONMENTAL ADVOCATES
CHRISTOPHER SPROUL (Bar No. 126398)
5135 Anza Street
San Francisco, CA 94121
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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1204210.1

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STIPULATION RE: PROPOSED SETTLEMENT CONFERENCE DATE

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STIPULATION

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WHEREAS, the parties consented to proceed before a magistrate judge on 23 February

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2010, (Docket Nos. 7 and 9) and the Court ordered the parties to conduct their settlement

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conference before a magistrate judge, (Docket No. 179);

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WHEREAS, Magistrate Beeler set the settlement conference for 27 January 2012 at 9:30
a.m. (Docket No. 180);

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WHEREAS, Plaintiff San Francisco Baykeeper (“Baykeeper”) has a scheduling conflict
due to a mediation date in the Central District on 27 January 2012;

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WHEREAS, the THIRD AMENDED CASE MANAGEMENT AND PRETRIAL

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ORDER FOR COURT TRIAL, (Docket No. 159) sets the due date for parties’ motions in limine

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for 27 January 2012, and the parties seek to avoid where possible litigation costs that may be

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rendered unnecessary by the settlement conference;

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WHEREAS, the Court has indicated that it is available for the settlement conference on
10 January 2012, and the parties are also available on that date;

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THEREFORE, San Francisco Baykeeper and West Bay Sanitary District hereby stipulate

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to and request the Court permit the settlement conference to be held on 10 January 2012 at 1:30

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p.m. A proposed order has been provided by the parties.

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IT IS SO STIPULATED.

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Respectfully submitted,

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LAWYERS FOR CLEAN WATER, INC.

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Dated: December 23, 2011

By:
/s/Daniel Cooper
Daniel Cooper, Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

Dated: December 23, 2011

By: ___/s/Melissa Thorme
Melissa Thorme, Attorney for Defendant
WEST BAY SANITARY DISTRICT

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1204210.1

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STIPULATION RE: PROPOSED SETTLEMENT CONFERENCE DATE

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[PROPOSED] ORDER
TO ALL PARTIES AND COUNSEL OF RECORD:

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The above captioned matter was referred to United States Magistrate Judge Laurel Beeler

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for settlement purposes.

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A. Time and Location of Settlement Conference

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Parties are hereby notified that a settlement conference is scheduled for January 10,
at 1:30 p.m.
2012, at 91:30 p.m., 3rd Floor, Federal Building, 1301 Clay Street, Oakland, CA 94612. Further

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details about the location are contained in the last section of the NOTICE AND ORDER

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REGARDING SETTLEMENT CONFERENCE, dated 21 December 2011 (Docket No. 180).

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The parties shall notify the Court’s chambers immediately at [phone] if the case settles

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before the settlement conference.

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B. Participants

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Lead trial counsel for each party shall attend the settlement conference with the parties

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and person(s) having full authority to negotiate and settle the case as set forth in the previous

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order (Dkt. 180).

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C. Settlement Conference Statement

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Parties will lodge (not e-file or file) two copies of the required settlement conference
January 3, 2012 at NOON
statements on January 4, 2012 as set forth in the NOTICE AND ORDER REGARDING

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SETTLEMENT CONFERENCE, dated 21 December 2011 (Docket No. 180. The statements
will be submitted to chambers via the court's proposed order box, [e-mail]. on
January 3, 2012 at Noon.
IT IS SO ORDERED

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DATED: December 27

, 2011
LAUREL BEELER
United States Magistrate Judge

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1204210.1

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STIPULATION RE: PROPOSED SETTLEMENT CONFERENCE DATE