California River Watch v. Uni-Tile & Marble, Inc

Filing 8

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 7 Motion for Relief From Case Management Schedule. Case Management Statement due by 8/21/2013. Case Management Conference set for 8/28/2013 at 03:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael M. Cousins on 06/10/2013. (nclc1S, COURT STAFF) (Filed on 6/10/2013)

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Jack Silver, Esq. SB# 160575
Law Office of Jack Silver
Sarah Danley, Esq. SB #284955
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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CALIFORNIA RIVER WATCH,
a 501(c)(3) non-profit, public benefit
Corporation,

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CASE NO.: 3:13-cv-01949 NC
EXPEDITED MOTION FOR
RELIEF FROM CASE MANAGEMENT
SCHEDULE; DECLARATION OF
JACK SILVER; [PROPOSED] ORDER
[Civil L. R. 16-2(d)]

Plaintiff,
v.

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UNI-TILE & MARBLE, INC., et al,
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Defendants.
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Case Mgmt Conf.: July 31, 2013
/

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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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April 29, 2013 (DKT #2) in that Plaintiff moves to extend all deadlines set in said Order for
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period of thirty (30) days.
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Dated: June 6, 2013
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/s/ Jack Silver
JACK SILVER
Attorney for Plaintiff
NORTHERN CALIFORNIA RIVER WATCH

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Expedited Motion for Relief From CMC Schedule
3:13:cv-01949 NC

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DECLARATION OF JACK SILVER
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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.
2.

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

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brought against Defendant Uni-Tile & Marble, Inc. for current and ongoing violations of the

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Clean Water Act , 33 U.S.C. §1251 et seq. The action was filed on April 29, 2013. Defendant

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was served with the pleadings on May 2, 2013.

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Defendant. Defendant is not represented by counsel.

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3.

No appearance has been filed on behalf of

At the request of Defendant, counsel for Plaintiff met with Defendant on June 5,

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2013 at the Hayward site which is the subject of these proceedings, both to inspect the site and

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to discuss with Defendant the violations raised in the Complaint.

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4.

Following the June 5, 2013 meeting, it was agreed that the parties would focus

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their efforts in the next few weeks on negotiating a resolution of Plaintiff’s claims as identified

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in the Complaint.

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5.

As the current scheduling Order includes deadlines taking place in July, 2013 and

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an Initial Case Management Conference on July 31, 2013; and, as any written settlement

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agreement reached between the parties is required to be provided to the U.S. Department of

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Justice for the mandatory 45-day agency review in accordance with 33 U.S.C. § 1365(c)(3), I

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respectfully request that all deadlines be extended for a period of thirty (30) days to allow the

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parties time to negotiate a resolution of this matter absent further litigation. The continuance

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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 Santa Rosa, California on

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June 6, 2013.

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JACK SILVER
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Expedited Motion for Relief From CMC Schedule
3:13:cv-01949 NC

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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 7, 2013

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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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August 21, 2013

Initial Case Management Conference
10:00 a.m. - Courtroom A, 15 h Floor, San Francisco
3:00 p.m.

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August 28, 2013

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S

NO

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thanael M
Judge Na

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Expedited Motion for Relief From CMC Schedule
3:13:cv-01949 NC

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. Cousins

R NIA

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O ORD

IT IS S

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____________________________________
NATHANAEL M. COUSINS
U.S. MAGISTRATE JUDGE
ERED

UNIT
ED

Dated: _________
June 10, 2013
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