California River Watch v. Sonoma Valley County Sanitation District et al

Filing 11

ORDER granting 10 Second MOTION Relief From Scheduling Order. Case Management Statement due by 7/14/2015. Rule 26 Meeting Report due by 7/14/2015. Initial Case Management Conference set for 7/21/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 06/25/2015. (jmdS, COURT STAFF) (Filed on 6/25/2015)

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Jack Silver, Esq. SB # 160575
Email: [e-mail]
LAW OFFICE OF JACK SILVER
Jerry Bernhaut, Esq. SB # 206264
Email: [e-mail]
Post Office Box 5469
Santa Rosa, CA 95402-5469
Tel
[phone]
Fax. [phone]
Attorneys for Plaintiff
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, an IRC
Section 501(c)(3) WATCH, non-profit,
public benefit corporation,

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CASE NO.: 3:15-cv-01283 WHO

Plaintiff,
v.

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SONOMA VALLEY COUNTY
SANITATION DISTRICT and SONOMA
COUNTY WATER AGENCY,

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

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Defendants.
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Case Mgmt Conf.: July 21, 2015
/

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Plaintiff CALIFORNIA RIVER WATCH hereby moves for relief from the Court’s Order

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of May 12, 2015 re-setting the Initial Case Management Conference and ADR Deadlines (Dkt

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#9) in that Plaintiff moves to further extend all deadlines for a period of thirty (30) days.

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Dated: June 25, 2015

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/s/ Jerry Bernhaut
JERRY BERNHAUT
Attorney for Plaintiff
CALIFORNIA RIVER WATCH

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Expedited Motion for Relief From CMC Schedule [Proposed] Order
3:15-cv-01283 W HO

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DECLARATION OF JERRY BERNHAUT
1.

I am co-counsel for Plaintiff California River Watch herein, have personal

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knowledge of all matters stated herein, and, if called as a witness, could and would testify

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competently thereto.

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2.

A previous Expedited Motion for Relief was filed on behalf of Plaintiff on May

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8, 2015 (Dkt # 8). At that time, the parties and their respective counsel were participating in

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active settlement discussions and anticipated resolution of the lawsuit by the end of June, 2015.

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The Court issued its Order (Dkt # 9) extending the deadlines set forth in the Order Setting Initial

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Case Management Conference and ADR Deadlines as follows:

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Last day to:

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• meet and confer re: initial disclosures, early
settlement, ADR process selection, and
discovery plan

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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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June 30, 2015

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File Rule 26(f) Report, complete initial disclosures
and File Case Management Statement

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July 14, 2015

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Initial Case Management Conference
2:00 p.m. - Courtroom 2, 17th Floor, San Francisco.

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July 21, 2015

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3.

Since the time of the May 12, 2015 Order, the parties have remained in active

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settlement discussions and are now in the final stages of negotiations. A draft Settlement

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Agreement was presented to Defendant’s Board of Supervisors at its meeting on June 23, 2015.

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A final Agreement will need the approval and signature of Defendant’s Board of Supervisors.

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The next scheduled Board of Supervisors meeting takes place on July 21, 2015 at 8:30 a.m.

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4.

Under the current Order, the parties are required to meet and confer under FRCP

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26(f) by June 30, 2015. An Initial Case Management Conference is scheduled for July 21, 2015.

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I am requesting all deadlines be further extended for a period of thirty (30) days to allow the

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parties time to present a final Agreement to Defendant’s Board of Supervisors for approval and

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2
Expedited Motion for Relief From CMC Schedule [Proposed] Order
3:15-cv-01283 W HO

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signature. 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 Santa Rosa, California on

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June 24, 2015.
/s/ Jerry Bernhaut
JERRY BERNHAUT

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3
Expedited Motion for Relief From CMC Schedule [Proposed] Order
3:15-cv-01283 W HO

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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 the Order Setting Initial Case Management

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Conference and ADR Deadlines be further extended as follows:

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Last day to:

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• meet and confer re: initial disclosures, early
settlement, ADR process selection, and
discovery plan

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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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August 4, 2015

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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 11, 2015

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Initial Case Management Conference
2:00 p.m. - Courtroom 2, 17th Floor, San Francisco

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August 18, 2015

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June 25, 2016
Dated: _________

____________________________________
WILLIAM H. ORRICK
United States District Judge

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Expedited Motion for Relief From CMC Schedule [Proposed] Order
3:15-cv-01283 W HO