Tri-Valley Cares v. United States Department of Energy et al

Filing 31

STIPULATION AND ORDER RE 30 TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Conference set for 9/22/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/19/11. (cl, COURT STAFF) (Filed on 8/19/2011)

*E-Filed 8/19/11*

1
2
3
4
5
6

SCOTT YUNDT (CSB #242595)
TRI-VALLEY CARES
2582 Old First Street
Livermore, California 94550
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff

12

MELINDA HAAG, CSBN 132612
United States Attorney
JOANN M. SWANSON, CSBN 88143
Chief, Civil Division
ABRAHAM A. SIMMONS, CSBN 146400
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
FAX: [phone]
Email: [e-mail]

13

Attorneys for Federal Defendants

7
8
9
10
11

14

IN THE UNITED STATES DISTRICT COURT
15

FOR THE NORTHERN DISTRICT OF CALIFORNIA
16

San Francisco Division
17
18

24

)
)
)
Plaintiffs,
)
)
vs.
)
UNITED STATES DEPARTMENT OF
)
)
ENERGY and NATIONAL NUCLEAR
SECURITY ADMINISTRATION, an agency )
)
of the U.S. Department of Energy,
)
)
Defendants.

25

Plaintiff Tri-Valley CAREs, Defendant United States Department of Energy, et. al., by and

26

through their respective counsel, hereby stipulate as follows:

19
20
21
22
23

27
28

TRI-VALLEY CARES,

Case No.: 10-cv-5923 RS
JOINT STIPULATION AND
[PROPOSED] ORDER TO RESCHEDULE
INITIAL CASE MANAGEMENT
CONFERENCE

WHEREAS, pursuant to the Clerk’s Notice filed August 9, 2011, the further Case
Management Conference in the above captioned case was rescheduled to be held on September

STIPULATION AND [PROPOSED] ORDER - 0
Case No. 10-CV-5923- RS

1

8, 2011 at 10:00 a.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450

2

Golden Gate Avenue, San Francisco; and

3
4
5

WHEREAS, the parties agree that Defendants will provide to Plaintiff further responses
to certain FOIA requests on or before August 31, 2011; and
WHEREAS, Plaintiff and Defendants desire to reschedule this further Case Management

6

Conference in the above captioned case to provide the parties with an additional two weeks to

7

review and discuss the further responses and other outstanding claims before preparing the Joint

8

Case Management Statement.

9
10
11
12
13
14
15

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and
Defendants, through their respective counsel of record, as follows:
1. The parties agree and request that the court order that the Case Management Conference
in the instant case, originally scheduled to be held on Thursday, September 8, 2011 at
10:00 a.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden
Gate Avenue, San Francisco, shall be rescheduled to Thursday, September 22, 2011 at
10:00 a.m. in that same location.

16
17
18
19
20

2. The parties shall file a Joint Case Management Statement at least one week prior to the
Conference.
3. The parties are close to settlement; the parties request a stay of the briefing schedule until the
schedule can be reset at the September 22, 2011 Case Management Conference.

21
22
23

4. The foregoing agreement is not intended, and may not be cited by any party, as admission
of any issue of fact or law in this or any other judicial or administrative proceeding.
Dated this 19st day of August, 2011

24
25
26
27

/s/ Scott J. Yundt
Scott J. Yundt
Attorney for Plaintiff

/s/ Abraham Simmons
Abraham Simmons
Attorney for Defendants

28

STIPULATION AND [PROPOSED] ORDER - 1
Case No. 10-CV-5923- RS

1

DECLARATION OF CONSENT

2

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under

3

penalty of perjury that concurrence in the filing of this document has been obtained from

4

Abraham Simmons.

5

Dated this 19th day of August, 2011
6
7
8

/s/ Scott J. Yundt
Scott J. Yundt
Attorney for Plaintiff

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER - 2
Case No. 10-CV-5923- RS

[PROPOSED] ORDER

1
2
3
4
5

1. The Case Management Conference in the instant case, originally scheduled to be held on
September 8, 2011 at 10:00 a.m. in Courtroom 3 on the 17th Floor of the United States
Courthouse, 450 Golden Gate Avenue, San Francisco, shall be rescheduled to September 22,
2011 at 10:00 a.m. in that same location.

6
7
8

IT IS SO ORDERED.

9
10

8/19/11
DATED___________________.

11
12

____________________________________________
HONORABLE RICHARD SEEBORG
United States District Judge

13
14
15
16
17

Presented by:
/s/Scott Yundt
Scott Yundt (CSB# 242595)
Attorney for Plaintiffs

18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER - 3
Case No. 10-CV-5923- RS