California River Watch v. Drakes Bay Oyster Company et al

Filing 28

STIPULATION AND ORDER re 27 Request to Continue Case Management filed by Drakes Bay Oyster Company Case Management Statement due by 1/8/2015. Case Management Conference set for 1/15/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/6/14. (bpf, COURT STAFF) (Filed on 10/6/2014)

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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 October 16, 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-3461969

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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, this Court, pursuant to a joint request of the parties, re-set the Initial Case
Management Conference for October 16, 2014 (Doc. 25);
WHEREAS, Drakes Bay, at the direction of the federal government, has ceased some of

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its oyster farming operations 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 (9th Cir. 2013) (affirming government’s decision to let Drakes Bay’s

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permit for commercial oyster farming expire);

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WHEREAS, the federal government and Drakes Bay are still engaged in settlement
discussions relating to Drakes Bay’s oyster farming operations in Drakes Estero;
WHEREAS, the parties wish to allow the federal government and Drakes Bay to conclude
their settlement discussions prior to meeting with the Court;
WHEREAS, the parties believe that the result of those settlement discussions will have a
direct impact 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 October 16, 2014, to January 15, 2015,

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

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Respectfully submitted,

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Dated: September 29, 2014
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-3461969

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Dated: September 29, 2014
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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ECF ATTESTATION
I, Christopher J. Carr, hereby attest that Mr. Jack Silver, Esq., concurs in this filing. This
attestation is made pursuant to Civil L.R. 5-1(i)(3).

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By:

/s/ Christopher J. Carr
Christopher J. Carr

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
C 14-00598 EMC
sf-3461969

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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 October 16, 2014, shall be

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continued to January 15, 2015, 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.
IT IS SO ORDERED.

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FO

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EDWARD M. CHEN rd M. Chen
United States JDistrict wa
udge EdJudge

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10/6/14
Dated:________________________

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
C 14-00598 EMC
sf-3461969

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