Friends of the Eel River v. North Coast Railroad Authority et al

Filing 12

STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE as to 8 MOTION to Remand to State Court and for Attorneys' Fees. Responses due by 10/14/2011. Replies due by 10/21/2011. Motion Hearing set for 11/18/2011 AT 01:30 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed, AS MODIFIED, by Judge Joseph C. Spero on 09/26/2011. (klhS, COURT STAFF) (Filed on 9/27/2011)

1
2
3
4
5

Christopher J. Neary (Bar No. 69220)
LAW OFFICES OF CHRISTOPHER J. NEARY
110 S. Main St., Ste. C
Willits, CA 95490
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendant
NORTH COAST RAILROAD AUTHORITY

6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
10
FRIENDS OF THE EEL RIVER,

Case No. CV 11 4103 JCS

11
Petitioner/Plaintiff,
12
13
14

v.
NORTH COAST RAILROAD
AUTHORITY, et al.,

15
16

STIPULATION TO MODIFY BRIEFING
SCHEDULE OF THE MOTION FOR
REMAND AND [Proposed] ORDER
Hearing:
Date: November 18, 2011
Time: 9:30 a.m.
Dept: G, 15th Floor

Respondents/Defendants.
___________________________________/

17
18
19

IT IS HEREBY STIPULATED by and between Petitioner/Plaintiff FRIENDS OF THE

20 EEL RIVER (“FOER”) and Respondents/Defendants NORTH COAST RAILROAD
21 AUTHORITY and BOARD OF DIRECTORS OF NORTH COAST RAILROAD AUTHORITY
22 (collectively “NCRA”) as follows:
23

A.

WHEREAS, the above-entitled matter was removed by Defendants from the

24 Superior Court of the State of California, County of Marin on August 19, 2011;
25

B.

WHEREAS, the matter has been related with that certain action entitled

26 Californians for Alternatives to Toxics v. North Coast Railroad Authority, et al., Marin County
27 Superior Court Case No. CFV-11-03591, U.S.D.C., No. Dist. Cal., Case No. CV 11 4102 JCS,
28 also removed on August 19, 2011 (ECF #17 in the CATS Action);
STIPULATION AND [Proposed] ORDER

1

C.

WHEREAS, on September 16, 2011, Plaintiff filed a motion to remand the matter

2 to State Court (ECF #8), with the Opposition set to be due on September 30, 2011, the Reply set
3 to be due on October 7, 2011, and the hearing set for November 18, 2011;
4

D.

WHEREAS, the parties to this federal action have had preliminary discussions

5 regarding settlement which are sufficiently encouraging to defer briefing on the motion for
6 remand for a short period to avoid unnecessary utilization of judicial resources and expense to
7 these parties;
8

NOW THEREFORE IT IS HEREBY STIPULATED as follows:

9 1.
10

The briefing schedule for the motion for remand shall be as follows:
14
a.
Opposition due
October 19, 2011 - JCS

11

b.

Reply due

November 3, 2011 Oct. 21, 2011 - JCS

12

c.

Hearing

November 18, 2011, at 1:30 PM

13 2.

The time for preparation of the Administrative Record shall run from the date of the

14 Court’s ruling on the pending motion for remand. The extension of time to prepare the
15 Administrative Record is in the public interest in compliance with California Public Resources
16 Code §21167.6(c).
17 3.

All other dates set forth in the Order Setting Initial Case Management Conference and

18 ADR Deadlines shall remain in full force and effect, except the parties reserve the right to jointly
19 apply to the Court for continuation of the Case Management Conference, presently set for
20 December 9, 2011.
21 4.

By entering into this Stipulation Plaintiff does not waive any rights or argument to contest

22 the Court’s subject matter jurisdiction, as set forth in the Petitioner/Plaintiff’s Motion for
23 Remand.
24

SHUTE, MIHALY & WEINBERGER, LLP

25
DATED: September 23, 2011
26
27

/s/
_________________________________
AMY J. BRICKER
Attorneys for Petitioner
FRIENDS OF THE EEL RIVER

28
-2-

STIPULATION AND [Proposed] ORDER

1
2 DATED: September 23, 2011
3
4

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

5
6
7

PURSUANT TO STIPULATION, IT IS SO ORDERED., AS MODIFIED.

S

RT

14

16

R NIA

sep
Judge Jo

ER

H

15

ero

h C. Sp

NO

13

O ORD D
IT IS S
DIFIE
AS MO

FO

12

JOSEPH C. SPERO
U.S. Magistrate Judge ERED

LI

11

UNIT
ED

26
10 DATED: September ___, 2011

RT
U
O

S DISTRICT
TE
C
TA
_______________________________

9

A

8

[Proposed] ORDER

N

F
D IS T IC T O
R

C

17
18
19
20
21
22
23
24
25
26
27
28
-3-

STIPULATION AND [Proposed] ORDER