Californians for Alternatives to Toxics v. North Coast Railroad Authority et al

Filing 31

AMENDMENT TO STAY AND ORDER. Stay extended until 12/26/11. Signed by Judge Joseph C. Spero on 11/16/11. (klhS, COURT STAFF) (Filed on 11/17/2011)

Case3:11-cv-04102-JCS Document30

1
2
3

Filed11/15/11 Page1 of 2

CHRISTOPHER J. NEARY
Attorney at Law (#69220)
110 S. Main St., Ste. C
Willits, CA 95490
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]

4
5

Attorney for Defendant
NORTH COAST RAILROAD AUTHORITY

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

CALIFORNIANS FOR ALTERNATIVES TO TOXICS,
Petitioner/Plaintiff,

11
12

vs.

13

NORTH COAST RAILROAD AUTHORITY, et al.,
Respondents/Defendants.

14
15

And Related Case

) Case No.: CV 11 4102 JCS
) And Related Case No. CV 11 4103 JCS
)
) AMENDMENT TO STAY AND [Proposed] ORDER
)
)
)
)
)
)
)
)

16
17

IT IS HEREBY STIPULATED by and between Petitioner/Plaintiff CALIFORNIANS FOR

18

ALTERNATIVES TO TOXICS (“CATS”) and Respondents/Defendants NORTH COAST RAILROAD

19

AUTHORITY and BOARD OF DIRECTORS OF NORTH COAST RAILROAD AUTHORITY (collectively

20

“NCRA”) as follows:

21
22
23
24
25

A.

WHEREAS on October 7, 2011, the parties filed a Stipulation to Stay this

action (Document # 28);
B.

WHEREAS on October 11, 2011 the Court approved the Stipulation to Stay,

staying the action until November 11, 2011 (Document # 29); and
C.

WHEREAS, the parties continue to engage in settlement discussions and

26

have a good faith belief that settlement can and should be pursued further and agree

27

to conduct further good faith settlement discussions with all parties.

28
STIPULATION AND [Proposed] ORDER - 1

Case3:11-cv-04102-JCS Document30

Filed11/15/11 Page2 of 2

1

NOW THEREFORE IT IS HEREBY STIPULATED AS FOLLOWS:

2

1.

3

The Stay of the case until November 11, 2011 as approved by the Court on

October 11, 2011 (Document # 29)shall be amended as follows:
a.

4

The stay shall be extended to December 26, 2011 to accommodate

5

further settlement discussions.

6

(24) hours’ written notice by any party to all parties in this action, and to all

7

parties in the related case referred to in the caption hereinabove, and to the Court.

8

The termination of the stay shall be amended to be defined as December 26, 2011, or

9

one (1) day after the date of the written notice of revocation filed by any party,

10

hereinafter referred to as “Termination of the Stay.”
2.

11
12

However, the stay may be revoked upon twenty-four

All other provisions of the Stipulation (Document # 28) and as approved

by the Court on October 11, 2011 (Document #29) shall remain in full force and effect.

13
14

/s/
_________________________________
SHARON E. DUGGAN
Attorneys for Petitioner
CALIFORNIANS FOR ALTERNATIVES TO TOXICS

DATED: November 14, 2011

15
16

/s/
__________________________________
CHRISTOPHER J. NEARY
Attorney for Respondents,
NORTH COAST RAILROAD AUTHORITY;
BOARD OF DIRECTORS OF NORTH
COAST RAILROAD AUTHORITY

November 14, 2011

November 14, 2011

18
19
20

/s/
__________________________________
DOUGLAS BOSCO
Attorney for
NORTHWESTERN PACIFIC RAILROAD COMPANY

[Proposed]

24

DATED:

__________________________________
JOSEPH C. SPERO
U.S. Magistrate seph C. Spero
Judge
Jo

NO

RT

28

16
November____, 2011

UNIT
ED

26

ISTRIC
ES D
TC
AT
T

RT
U
O

S

PURSUANT TO STIPULATION, IT IS SO ORDERED.

25

27

ORDER

R NIA

23

Judge

H

ER
STIPULATION AND [Proposed] ORDER - 2
N
D IS

FO

22

LI

21

A

DATED:

DATED:

17

T RICT

OF

C