Northern California River Watch v. City of San Jose

Filing 9

ORDER CONTINUING CMC re 8 Ex Parte MOTION Relief From Case Management Schedule. Case Management Statement due by 9/13/2012. Case Management Conference set for 9/20/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 7/13/2012. (cdnS, COURT STAFF) (Filed on 7/13/2012)

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Jack Silver, SB # 160575
Jerry Bernhaut, SB # 206264
Law Office of Jack Silver
Post Office Box 5469
Santa Rosa, California 95402-5469
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff
NORTHERN CALIFORNIA RIVER WATCH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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NORTHERN CALIFORNIA RIVER
WATCH, a non-profit Corporation,

CASE NO.: 3:12-cv- 01624 MEJ

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EXPEDITED MOTION FOR
RELIEF FROM CASE MANAGEMENT
SCHEDULE; DECLARATION OF
JERRY BERNHAUT; [PROPOSED]
ORDER
[Civil L. R. 16-2(d)]

Plaintiff,
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v.
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CITY OF SAN JOSÉ and DOES 1 -10,
Inclusive,

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Defendants.

Case Mgmt Conf.:

July 19, 2012

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Plaintiff NORTHERN CALIFORNIA RIVER WATCH hereby moves for relief from the

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Order Setting Initial Case Management Conference and ADR Deadlines issued by this Court on

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March 30, 2012 (DKT # 2) in that Plaintiff moves to extend all deadlines set in said Order for

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period of sixty (60) days.

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Dated: July 10, 2012
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/s/ Jerry Bernhaut
JERRY BERNHAUT
Attorney for Plaintiff
NORTHERN CALIFORNIA RIVER WATCH

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3:12-cv-01624 MEJ
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Expedited Motion for Relief From CMC Schedule; [Proposed] Order

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DECLARATION OF JERRY BERNHAUT

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I am attorney for Plaintiff herein, have personal knowledge of all matters stated

herein, and, if called as a witness, could and would testify competently thereto.

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2.

This action is a complaint for injunctive relief, civil penalties and restitution

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brought against Defendant CITY OF SAN JOSÉ for current and ongoing violations of the Clean

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Water Act , 33 U.S.C. §1251 et seq. The action was filed on March 30, 2012. A First Amended

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Complaint was filed on May 30, 2012 (DKT # 5). The First Amended Complaint and all other

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mandated pleadings were served as of June 5, 2012 and counsel for Defendant, Jennifer Pousho,

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executed a Waiver of Service of the Summons on behalf of Defendant on July 5, 2012 (DKT #7).

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There has been no appearance on behalf of Defendant to date.

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3.

Pursuant to FRCP Rule 12, Defendant must file and serve an answer or other

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responsive pleading within 60 days from June 5, 2012, or no later than August 6, 2012. As the

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current scheduling Order includes deadlines taking place in July including an Initial Case

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Management Conference on July 19, 2012, I am requesting all deadlines be extended for a

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period of sixty (60) days to allow Defendant time to file a responsive pleading pursuant to Rule

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12. The continuance requested will not hinder or harm any proceedings in this matter.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct and that this declaration was executed in Kensington, California on

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July 10, 2012.

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JERRY BERNHAUT
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//
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3:12-cv-01624 MEJ
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Expedited Motion for Relief From CMC Schedule; [Proposed] Order

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[PROPOSED] ORDER

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GOOD CAUSE APPEARING, it is hereby,

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ORDERED, that the deadlines set forth in Order Setting Initial Case Management

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Conference and ADR Deadlines be extended as follows:
Last day to:
• meet and confer re: initial disclosures, early
settlement, ADR process selection, and
discovery plan

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August 30, 2012

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•file ADR Certification signed by parties and counsel
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•file either Stipulation to ADR Process or Notice
of Need for ADR Phone Conference

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Last day to file Rule 26(f) Report, complete initial
disclosures and File Case Management Statement

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September 13, 2012

Initial Case Management Conference
10:00 a.m. - Courtroom B, 15h Floor, San Francisco

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September 20, 2012

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July 13, 2012
Dated: _________

____________________________________
MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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3:12-cv-01624 MEJ
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Expedited Motion for Relief From CMC Schedule; [Proposed] Order