Salmon et al v. Folger

Filing 55

STIPULATION AND ORDER RE CONTINUANCE OF CASE MANAGEMENT SCHEDULE. Dispositive motions hearing date 3/31/12; final pretrial confernce 7/30/12; 5-7 day trial 8/20/12. Signed by Acting Chief U.S. Magistrate Judge Joseph C. Spero on 06/13/11. (klhS, COURT STAFF) (Filed on 6/13/2011)

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Jack Silver, Esquire SBN 160575
Law Office of Jack Silver
Kimberly Burr, Esquire SBN 193805
Jerry Bernhaut, Esquire SBN 206264
Post Office Box 5469
Santa Rosa, California 95402-5469
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
NORTHERN CALIFORNIA RIVER WATCH
and COAST ACTION GROUP
Stephen M. Gallenson, CSB # 104447
Jane Gaskell, CSB # 271387
ANDRIAN & GALLENSON
1100 Mendocino Avenue
Santa Rosa, CA 95401
Telephone: [phone]
Facsimile: 707-526-9051
Email: [e-mail]

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Attorneys for Defendants
CLINTON FOLGER, ET AL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORTHERN CALIFORNIA RIVER
WATCH, a non-profit Corporation and
COAST ACTION GROUP

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CASE NO.:3:10-cv-00741 JL
STIPULATION RE CONTINUANCE OF
CASE MANAGEMENT SCHEDULE;
[PROPOSED] ORDER

Plaintiffs,
v.

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CLINTON FOLGER, RUTH STADNIK,
and NICK BRODRICK, Individually and
in their capacities as members of GREEN
PASTURES VALLEY, LLC; GREEN
PASTURES VALLEY, LLC; DOES
1 - 20, Inclusive,

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Defendants.

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Case Mgmt. Conf. - June 15, 2011

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3:10-cv-00741 JL
STIPULATION RE CONTINUANCE OF CASE MANAGEM ENT SCHEDULE; [PROPOSED] ORDER

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This action was initially filed on February 22, 2010.

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At the October 6, 2010 Case Management Conference, the Court adopted the discovery

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plan as set forth and agreed to by the parties (Order - Court Doc # 33) and referred the matter

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for mediation. No pretrial conference or trial date has been set.

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The parties participated in Mediation with David Roe on February 16, 2011 which did not
result in a resolution of this litigation.
Plaintiffs filed a Third Amended Complaint on February 25, 2011. Defendants filed an
Answer to the Third Amended Complaint on March 30, 2011.

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The parties have been active in the discovery process and have been in communication

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with respect to resolution of the dispute which is the subject of these proceedings since the time

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of mediation. The parties recently exchanged settlement proposals, have reached agreement on

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most issues, and believe that with some additional negotiation they will reach a final agreement

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on all terms within two to three months.

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The parties believe a continuance of the current pretrial schedule for a period of

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approximately four months is therefore appropriate and will not harm or hinder these

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proceedings in any way.

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IT IS HEREBY STIPULATED by and between counsel for Plaintiffs and Defendants that
the current pretrial schedule dates may be continued and set as follows:

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Discovery cutoff

November 30, 2011

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Expert disclosure

December 31, 2011

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Expert discovery cutoff

February 28, 2012

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Dispositive motions

March 31, 2012

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Final pretrial conference

July 30, 2012

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Trial (5-7 days)

August 20, 2012.

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Dated: June 7, 2011

ANDRIAN & GALLENSON
By: /s/ Stephen M. Gallenson
STEPHEN M. GALLENSON
Attorney for Defendants
CLINTON FOLGER, ET AL

3:10-cv-00741 JL
STIPULATION RE CONTINUANCE OF CASE MANAGEM ENT SCHEDULE; [PROPOSED] ORDER

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In addition to stipulating to the above, I, Jerry Bernhaut, attest that concurrence in the
filing of this Stipulation has been obtained from the other signatory to this document.

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Dated: June 7, 2011

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/s/ Jerry Bernhaut
JERRY BERNHAUT
Attorney for Plaintiffs
NORTHERN CALIFORNIA RIVER WATCH
COAST ACTION GROUP

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[PROPOSED] ORDER
PURSUANT TO SAID STIPULATION, IT IS SO ORDERED.

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The Court further orders as follows:

S DISTRICT
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Judge Jo

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Spero

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DATED: 06/13/11

seph C.

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D IS T IC T O
____________________________________
R
JAMES LARSON Joseph C. Spero
Acting Chief UNITED STATES MAGISTRATE JUDGE

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3:10-cv-00741 JL
STIPULATION RE CONTINUANCE OF CASE MANAGEM ENT SCHEDULE; [PROPOSED] ORDER

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