Global Community Monitor v. Alameda County Industries Inc

Filing 14

STIPULATION AND ORDER to Continue Case Management Conference to 12/16/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 12/18/2011. (tmi, COURT STAFF) (Filed on 10/18/2011)

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MICHAEL V. BRADY (SBN 146370)
BRADY & VINDING
400 Capitol Mall, Suite 2640
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
ALAMEDA COUNTY INDUSTRIES, INC.,
a corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO. C11-00976

GLOBAL COMMUNITY MONITOR, a
non-profit corporation,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

Plaintiff,
v.
ALAMEDA COUNTY INDUSTRIES, INC.,
a corporation,
Defendants

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On September 16, 2011 the parties to this action filed a “Notice of Settlement and

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[Proposed] Order to Continue Case Management Conference” and the Court subsequently

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continued the Case Management Conference to December 2, 2011 and set November 16, 2011 as

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the date for filing of either a Stipulation for Approval of Settlement Agreement and Dismissal of

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Plaintiff’s Claims or a Notice that the settlement is null and void. The purpose for the proposed

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order was to allow the United States Department of Justice and the United States Environmental

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Protection the time necessary to review and approve the settlement pursuant to 40 C.F.R. § 135.5

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and 33 U.S.C. § 1365(c). On Friday, October 14, 2011 the Department of Justice informed Plaintiff

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that such review would not be complete until November 28, 2011.

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Given this date and the necessity of the statutorily mandated 45-day review period, the

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parties request that December 2, 2011 be set as the date by which a Stipulation for Approval of
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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Settlement Agreement and Dismissal of Plaintiff’s Claims or a Notice that the settlement is null and

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void, must be filed. Thus, the parties jointly request the Case Management Conference, currently

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set for December 2, 2011, be rescheduled to December 16, 2011.

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Dated: October 17, 2011

Respectfully submitted,
BRADY & VINDING

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By:

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/s/ Michael V. Brady
Michael V. Brady
Attorneys for Defendant
ALAMEDA COUNTY INDUSTRIES, INC.,
a corporation

LOZEAU DRURY LLP

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By:

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/s/ Douglas J. Chermak (auth. on 10/17/11)
Douglas J. Chermak
Attorneys for Plaintiff
GLOBAL COMMUNITY MONITOR

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-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Pursuant to stipulation and for good cause shown:

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IT IS HEREBY ORDERED that the Parties’ Stipulation for Approval of Settlement

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Agreement and Dismissal of Plaintiff’s Claims or a Notice that the settlement is null and void be

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filed by December 2, 2011 and

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

October 18,
Dated: ________________ 2011,

UNIT
ED

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RT
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S DISTRICT
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_______________________________________
Judge Edward M. Chen
United States District Court
NO

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. Chen

dward M

Judge E

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R NIA

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December 2, 2011 is continued to December 16, 2011.

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IT IS FURTHER ORDERED that the Case Management Conference scheduled for

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE