California River Watch v. Drakes Bay Oyster Company et al

Filing 25

STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER filed by Kevin Lunny, Drakes Bay Oyster Company Case Management Statement due by 10/9/2014. Initial Case Management Conference set for 10/16/2014 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 7/21/14. (bpf, COURT STAFF) (Filed on 7/21/2014)

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RACHEL KREVANS (CA SBN 116421)
[e-mail]
CHRISTOPHER J. CARR (CA SBN 184076)
[e-mail]
NAVI DHILLON (CA SBN 279537)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
KEVIN J. LUNNY and
DRAKES BAY OYSTER COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CALIFORNIA RIVER WATCH,
Plaintiff,

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v.

Case No.

C 14-00598 EMC

STIPULATED REQUEST TO
CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

KEVIN J. LUNNY; DRAKES BAY OYSTER
COMPANY; DOES 1-30, inclusive,

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Defendants.
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Pursuant to Local Rules 6-1 and 6-2, Plaintiff California River Watch and Defendants
Kevin J. Lunny and Drakes Bay Oyster Company (“Drakes Bay”), by and through their
respective counsel of record, hereby submit the following stipulated request to continue the Initial
Case Management Conference currently set for August 14, 2014.
WHEREAS, prior to re-assignment to this Court, the Honorable Judge Beeler, pursuant to
the request of the parties to continue the Initial Case Management Conference, had set that
conference for August 14, 2014 (Doc. 11);
WHEREAS, this Court in its Case Management Conference Order in Reassigned Cases
(Doc. 14) re-set the Initial Case Management Conference for June 12, 2014;

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
C 14-00598 EMC
sf-3438415

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WHEREAS, this Court, pursuant to a joint request of the parties, re-set the Initial Case
Management Conference for August 14, 2014 (Doc. 22);
WHEREAS, the federal government has directed Drakes Bay to cease its oyster farming

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operations by July 31, 2014 in light of the Supreme Court’s recent order (2014 WL 1483683

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(June 30, 2014)) denying the petition for certiorari in Drakes Bay Oyster Company v. Sally

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Jewell, 747, F.3d 1073 (2013) (affirming government’s decision to let Drakes Bay’s permit for

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commercial oyster farming expire);

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WHEREAS, the parties would like time to discuss what effect the federal government’s
order directing Drakes Bay to cease its operations has on the issues in this case;
NOW THEREFORE, the parties respectfully and jointly request that the Court continue

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the Initial Case Management Conference, currently set for August 14, 2014, to October 16, 2014,

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or as soon thereafter as may be convenient for the Court.

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Respectfully submitted this 17th day of July, 2014.

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Dated: July 17, 2014

RACHEL KREVANS
CHRISTOPHER J. CARR
NAVI DHILLON
MORRISON & FOERSTER LLP

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By:

/s/ Christopher J. Carr
CHRISTOPHER J. CARR
Attorneys for Defendants
KEVIN J. LUNNY and
DRAKES BAY OYSTER COMPANY

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
C 14-00598 EMC
sf-3438415

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Dated: July 17, 2014

JACK SILVER
LAW OFFICE OF JACK SILVER

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By:
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/s/ Jack Silver
JACK SILVER
Attorneys for Plaintiff
CALIFORNIA RIVER WATCH

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
C 14-00598 EMC
sf-3438415

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[PROPOSED] ORDER
In light of the foregoing stipulation and good cause appearing, the Court hereby GRANTS

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the parties’ stipulated request to continue the currently scheduled Initial Case Management

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Conference.

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The Initial Case Management Conference currently set for August 14, 2014, shall be

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continued to October 16, 2014, at 9:30 a.m. The parties shall file a joint case management

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conference statement one week in advance of that date.

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NO

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EDWARD M. CHEN
hen
d
United States DistrictdJudgeM. C
e E war
Judg

FO

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7/21/14
Dated:________________________

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RDERE

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IT IS S

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UNIT
ED

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S DISTRICT
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IT IS SO ORDERED.

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
C 14-00598 EMC
sf-3438415

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