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

Filing 33

ORDER GRANTING re (32 in 3:11-cv-04102-JCS) Stipulation/Amendment to Stay filed by North Coast Railroad Authority, (20 in 3:11-cv-04103-JCS) Stipulation/Amendment to Stay filed by North Coast Railroad Authority. STAY is extended to 1/26/12. Signed by Judge Joseph C. Spero on 12/21/11. (klhS, COURT STAFF) (Filed on 12/22/2011)

1
2
3

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

16

) Case No.: CV 11 4102 JCS
) And Related Case No. CV 11 4103 JCS
)
Petitioner/Plaintiff,
) AMENDMENT TO STAY AND [Proposed] ORDER
)
vs.
)
)
NORTH COAST RAILROAD AUTHORITY, et al.,
)
)
Respondents/Defendants.
)
)
_________________________________________ )
)
And Related Case
)

17

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

10
11
12
13
14
15

CALIFORNIANS FOR ALTERNATIVES TO TOXICS,

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);
C.

WHEREAS on November 15, 2011 the parties filed a Stipulation to Continue

26

the Stay (Document #30) and the Court approved the continuance of stay by Order on

27

November 16, 2011 (Document #31) staying the action until December 26, 2011; and

28
STIPULATION AND [Proposed] ORDER - 1

D.

1

WHEREAS, the parties continue to engage in settlement discussions and

2

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

3

to conduct further good faith settlement discussions with all parties.

4

NOW THEREFORE IT IS HEREBY STIPULATED AS FOLLOWS:

5

1.

6

The Stay of the case until December 26, 2011 as approved by the Court on

November 16, 2011 (Document # 31)shall be amended as follows:
a.

7

The stay shall be extended to January 26, 2012 to accommodate

8

further settlement discussions.

However, the stay may be revoked upon twenty-four

9

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

10

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

11

The termination of the stay shall be amended to be defined as January 26, 2012, or one

12

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

13

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

14

All other provisions of the Stipulation (Documents # 28 as amended by

15

Document #30) and as amended and approved by the Court on October 11, 2011 and

16

November 16, 2011(Documents #29 and #31) shall remain in full force and effect.

17
18

DATED: December 21, 2011

19

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

20
DATED:

December 21, 2011

DATED:

21

December 21, 2011

22
23
24
25
26

/s/
__________________________________
CHRISTOPHER J. NEARY
Attorney for Respondents,
NORTH COAST RAILROAD AUTHORITY;
BOARD OF DIRECTORS OF NORTH
COAST RAILROAD AUTHORITY
/s/
__________________________________
DOUGLAS BOSCO
Attorney for
NORTHWESTERN PACIFIC RAILROAD COMPANY

27
28
STIPULATION AND [Proposed] ORDER - 2

[Proposed]

ORDER

1

FO

H

ER

LI

RT

6

__________________________________
JOSEPH C. SPEROseph C. Spero
Judge Jo
U.S. Magistrate Judge
NO

5

21
December____, 2011

A

DATED:
4

R NIA

3

UNIT
ED

2

S DISTRICT
TE
C
TA

RT
U
O

S

PURSUANT TO STIPULATION, IT IS SO ORDERED.

N

F
D IS T IC T O
R

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [Proposed] ORDER - 3

C