Our Children's Earth et al v. Leland Stanford Junior University

Filing 43

ORDER DENYING REQEUST TO STAY CASE AND CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Vince Chhabria on 1/28/2016. (knm, COURT STAFF) (Filed on 1/28/2016)

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ENVIRONMENTAL ADVOCATES
CHRISTOPHER A. SPROUL #126398
[e-mail]
JODENE ISAACS #226895
[e-mail]
5135 Anza Street
San Francisco, CA 94121
Telephone: [phone]
Facsimile: [phone]
LAWYERS FOR CLEAN WATER, INC.
DREVET HUNT #240487
[e-mail]
1004 O’Reilly Avenue, Suite A
San Francisco, CA 94129
Telephone: [phone]
Attorneys for Plaintiffs OUR CHILDREN’S EARTH
FOUNDATION and ECOLOGICAL RIGHTS FOUNDATION
PILLSBURY WINTHROP SHAW PITTMAN LLP
SARAH G. FLANAGAN #70845
[e-mail]
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
DIANNE L. SWEENEY #187198
[e-mail]
2550 Hanover Street
Palo Alto, CA 94304-1115
Telephone: [phone]
Attorneys for Defendant THE BOARD OF TRUSTEES
OF THE LELAND STANFORD JUNIOR UNIVERSITY

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OUR CHILDREN’S EARTH
FOUNDATION, a non-profit corporation,
and ECOLOGICAL RIGHTS
FOUNDATION, a non-profit corporation

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vs.

Plaintiffs,

LELAND STANFORD JUNIOR
UNIVERSITY
Defendant.

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Civil Case No.: CV 14-1201-VC
STIPULATION AND [PROPOSED]
ORDER FOR CONTINUATION OF THE
STAY OF THE LITIGATION
DENIED BY COURT

-1STIPULATION AND [PROPOSED] ORDER FOR A STAY OF THE LITIGATION

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Plaintiffs Ecological Rights Foundation and Our Children’s Earth Foundation

2 (collectively, “Plaintiffs”) and Defendant The Board of Trustees of the Leland Stanford Junior
3 University (“Stanford”) (Plaintiffs and Stanford are referred to collectively as the “Parties” or
4 individually as the “Party”), by and through their counsel of record, hereby stipulate as
5 follows:
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WHEREAS, Magistrate Judge Laporte, who is presiding over a separate Endangered

7 Species Act lawsuit involving the same Parties (Civil Case No.: CV 13-0402-EDL), directed
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the Parties to participate in a Settlement Conference with Magistrate Judge Ryu and that

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Settlement Conference took place on January 7, 2016;
WHEREAS, with the assistance of Magistrate Judge Ryu, the Parties achieved a

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resolution of the lawsuit before Magistrate Judge Laporte and this lawsuit, involving a

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continuation of the stay in this case while Stanford completes the process underway to secure

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the required regulatory authorizations for modification of the Jasper Ridge Road Crossing and

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removal of the Lagunita Diversion Dam, at which time Plaintiffs will dismiss the case with

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prejudice;
WHEREAS, the parties now submit this stipulation and proposed order in furtherance

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of their settlement agreement, setting forth a summary of the terms that support continuation of

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the stay of the litigation until issuance of the required regulatory authorizations for

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modification of the Jasper Ridge Road Crossing and removal of the Lagunita Diversion Dam;

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and

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WHEREAS, by entering into this Stipulation, the Parties specifically acknowledge that

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this Stipulation does not constitute any concessions as to the strength or weakness of any

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Party’s claims or defenses or the sufficiency or necessity of the proposed modification of the

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Jasper Ridge Road Crossing or removal of the Lagunita Diversion Dam.

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NOW THEREFORE, the Parties stipulate as follows:

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1.

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Stanford submitted the applications for the required regulatory authorizations

for the planned modifications to the Jasper Ridge Low Flow Crossing on December 18, 2015,
-2STIPULATION AND [PROPOSED] ORDER FOR A STAY OF THE LITIGATION
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and shall submit the applications for the required regulatory authorizations for the planned

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removal of the Lagunita Diversion Dam before September 2016.

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2.

During the permitting process, Stanford shall provide Plaintiffs with copies of

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the applications referenced in Paragraph 1 and copies of the regulatory agency responses to

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such submittals.

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3.

In light of the foregoing and with the Court’s approval, the Parties request that

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this lawsuit should be stayed until the regulatory authorizations referred to in Paragraph 1

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above are secured by Stanford (“Stay”).

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4.

Once every four months during the Stay, on or before the 15th day of the fourth

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month, the Parties shall provide a joint progress report to the Court that summarizes material

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developments with respect to the proposed modification of the Jasper Ridge Road Crossing

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and the planned removal of the Lagunita Diversion Dam.

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5.

The Stay shall remain in effect until the regulatory authorizations for the

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proposed modification of the Jasper Ridge Road Crossing and the planned removal of the

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Lagunita Diversion Dam are secured by Stanford, at which time Plaintiffs shall dismiss this

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lawsuit with prejudice.

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Dated: January 27, 2016

/s/ Christopher Sproul
Christopher Sproul
Attorney for Plaintiffs Our Children’s Earth
Foundation and Ecological Rights
Foundation

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/s/ Sarah G. Flanagan
Sarah G. Flanagan
Attorneys for Defendant The Board of
Trustees of the Leland Stanford Junior
University

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-3STIPULATION AND [PROPOSED] ORDER FOR A STAY OF THE LITIGATION
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[Proposed] Order
PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO

3 ORDERED. This lawsuit is hereby stayed until the regulatory authorizations referred to in
4 Paragraph 1 above are secured by Stanford. IT IS FURTHER ORDERED that the Parties
ISTR

January 28, 2016
Date: _________________

_______________________________
D

DENIE

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FO

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R NIA

Hon. Vince Chhabria
United States District Judge
br ia
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Jud

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UNIT
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5 shall file their first joint progress report on or before May 16, 2016.
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The parties are required to appear for the scheduled further case management conference on February 9,

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2016 at 1:30 p.m.

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-4STIPULATION AND [PROPOSED] ORDER FOR A STAY OF THE LITIGATION
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