United States of America v. City of Alameda et al

Filing 80

ORDER EXTENDING STAY DURING TERM OF STIPULATED ORDER. Signed by Judge Richard Seeborg on 9/6/11. (cl, COURT STAFF) (Filed on 9/6/2011)

*E-Filed 9/6/11*
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA, ,

No. 4:09-CV-05684-RS

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Plaintiff,
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[PROPOSED] ORDER EXTENDING
STAY DURING TERM OF
STIPULATED ORDER

v.

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CITY OF ALAMEDA, et al.,

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Defendants.
________________________________________
_
BAYKEEPER, INC., d/b/a SAN FRANCISCO
BAYKEEPER, Intervenor-Plaintiff.

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[PROPOSED] ORDER EXTENDING STAY DURING TERM
OF STIPULATED ORDER

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Whereas, good cause appears:
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Pursuant to Stipulation, IT IS ORDERED that:
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1. The stay previously granted is hereby extended through the life of the Stipulated

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Order for Preliminary Relief (“Stipulated Order”) and until further order of this

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Court. Except as stipulated in Paragraphs 6 and 7, below, all litigation activity shall

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continue to be stayed in United States v. City of Alameda, et al., USDC N.D. Cal.

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Case No. CV 09-05684 RS:

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A/74026038.1

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[PROPOSED] ORDER EXTENDING STAY DURING TERM OF STIPULATED ORDER

CV 09-05684 RS

a. No party will file motions or initiate discovery.

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b. The time for the United States to serve its summons and complaint will be

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tolled while the stay is in effect.

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c. The time for Defendants to respond in any way to Baykeeper’s complaint in

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intervention will be tolled while the stay is in effect, and Defendants preserve

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all options and arguments for any response to Baykeeper’s complaint in

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intervention.

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2. With respect to any amended complaint filed by the United States and the State of

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California, the time for Defendants to receive summons and complaint as well as to

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respond in any way to Plaintiffs' complaint remains tolled while the stay is in effect.

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3. Until a new Scheduling Conference is scheduled shortly before or after the
termination of the Stipulated Order, the parties will not hold their Conference under

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Fed. R. Civ. P. 26(f) and will not make disclosures under Rule 26(a).

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4. This Stipulation will not be considered a general appearance by the Defendants.
5. During the stay period, Baykeeper shall receive copies of any documents or plans due

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under the current Administrative Orders issued to Defendants on or about November

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18, 2009, or under the Stipulated Order once entered, and shall have the opportunity

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to comment on those documents and plans.

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6. Intervenor-Plaintiff Baykeeper may bring a motion or motions for attorneys’ fees

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incurred by Baykeeper once the Stipulated Order is entered and the other parties may

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oppose such motions.

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7. The parties may bring any proceedings necessary in this action to enforce the terms of

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the Stipulated Order once it is entered.

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A/74026038.1

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[PROPOSED] ORDER EXTENDING STAY DURING TERM OF STIPULATED ORDER

CV 09-05684 RS

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8. This Stay may be extended by stipulation of the parties, and further order of the
Court.

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9/6
DATED: __________________, 2011

By: ________________________________
RICHARD SEEBORG
U.S. District Court Judge

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A/74026038.1

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[PROPOSED] ORDER EXTENDING STAY DURING TERM OF STIPULATED ORDER

CV 09-05684 RS