California Sportfishing Protection Alliance et al v. Shamrock Materials, Inc. et al

Filing 17

ORDER EXTENDING DEADLINE FOR INITIAL DISCLOSURES. Signed by Judge Maria-Elena James on 9/27/2011. (cdnS, COURT STAFF) (Filed on 9/27/2011)

1 Michael R. Lozeau (State Bar No. 142893)
Richard Drury (State Bar No. 163559)
2 Christina M. Caro (State Bar No. 250797)
LOZEAU DRURY LLP
3 410 12th Street, Suite 250
Oakland, California 94607
4 Tel: [phone]
Fax: [phone] (fax)
5 E-mails: [e-mail]
[e-mail]
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[e-mail]
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Attorneys for Plaintiffs
8 CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE and PETALUMA RIVER COUNCIL
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James E. Sell
10 William R. Fenner
PARTON | SELL | RHOADES
11 750 Lindaro St., Suite 140
San Rafael, CA 94901
12 Tel: [phone]
Fax: [phone] (fax)
13 E-mails: [e-mail]
[e-mail]
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Attorneys for Defendants SHAMROCK MATERIALS, INC.,
15 CORTO MENO SAND AND GRAVEL, LLC, and
CORTO MENO SAND AND GRAVEL II, LLC
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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18 CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
19 corporation, PETALUMA RIVER
COUNCIL, an unincorporated association,
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Plaintiffs,
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vs.
22 SHAMROCK MATERIALS, INC., a
corporation; CORTO MENO SAND AND
23 GRAVEL, LLC, a limited liability company,
CORTO MENO SAND AND GRAVEL II,
24 LLC, a limited liability company,
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Defendants.

Case No. C11-02565 MEJ
STIPULATION AND [PROPOSED] ORDER
ESTABLISHING A BRIEFING SCHEDULE
FOR MOTION TO DISMISS AND FOR
EXTENDING THE DEADLINE FOR
INITIAL DISCLOSURES
Hearing Date: n/a
Time: n/a
Courtroom: B, 15th Floor
The Hon. Magistrate Judge Maria-Elena James

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Stip. and [Proposed] Order Establishing a Briefing
Schedule for Motion to Dismiss and For Extending the
Deadline for Initial Disclosures

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WHEREAS, on May 26, 2011, Plaintiffs California Sportfishing Protection Alliance and
Petaluma River Council filed their Complaint for Declaratory and Injunctive Relief and Civil
Penalties (“Complaint”);
WHEREAS, on August 10, 2011, Plaintiffs served a notice of the lawsuit and request for
waiver of service of summons on each of the Defendants;
WHEREAS, on August 11, 2011, Defendants Shamrock Materials, Inc., Corto Meno Sand

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and Gravel, LLC, and Corto Meno Sand and Gravel II, LLC waived service of the complaint and
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summons;
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WHEREAS, Defendants’ answer or response to the Complaint is due on or before
October 10, 2011;
WHEREAS, Defendants intend to respond to the Complaint by filing a motion to dismiss
on October 10, 2011 with a hearing date set for November 17, 2011 or as soon thereafter as the
motion can be heard by the Court;
WHEREAS, in order to accommodate the existing schedules and hearings in other
matters being handled by counsel, the parties wish to adjust the deadlines for Plaintiffs’ response
and Defendants’ reply to the motion to dismiss;
WHEREAS, Defendants have requested and CSPA has consented to an extension of the
date by which initial disclosures pursuant to Federal Rules of Civil Procedure, Rule 26 are to be
exchanged by the parties;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,
through their respective counsel:
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That a motion to dismiss and accompanying brief in support thereof by Defendants

be filed and served not later than October 10, 2011, setting a hearing date of November 17, 2011
or as soon thereafter as the motion can be heard by the Court;
2.

That Plaintiffs’ opposition to the motion to dismiss be filed and served not later

than October 26, 2011; in accordance with Civil Local Rule 7;
3.

That Defendants’ reply brief in support of the motion to dismiss be filed and

Stip. and [Proposed] Order Establishing a Briefing
Schedule for Motion to Dismiss and For Extending the
Deadline for Initial Disclosures

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served not later than November 3, 2011; in accordance with Civil Local Rule 7;
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That the parties exchange their initial disclosures pursuant to Rule 26(a)(1) on or

before December 16, 2011.

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Dated: September 23, 2011

Respectfully submitted,
LOZEAU DRURY LLP

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By:

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Dated: September 23, 2011

/s/ Michael R. Lozeau_____________ ___
Michael R. Lozeau*
Attorneys for Plaintiffs California
Sportfishing Protection Alliance
and Petaluma River Counsel
Respectfully submitted,

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PARTON | SELL | RHOADES

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By:

/s/ James E. Sell_____________ ___
James E. Sell
William R. Fenner
Attorneys for Defendants Shamrock Materials, Inc., Corto
Meno Sand and Gravel LLC, and Corto Meno Sand and
Gravel II LLC

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*I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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“conformed” signature (/S/) within this efiled document.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
September 27, 2011
Dated: _________________

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Magistrate Judge Maria-Elena James

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Stip. and [Proposed] Order Establishing a Briefing
Schedule for Motion to Dismiss and For Extending the
Deadline for Initial Disclosures

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