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

Filing 16

Order by Hon. William H. Orrick granting 14 Stipulation. Defendants' deadline to respond to Plaintiffs Complaint is extended to October 5, 2015. (jmdS, COURT STAFF) (Filed on 7/24/2015)

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1 BRUCE D. GOLDSTEIN, #135970 County Counsel 2 DAVID R. MCFADDEN, #120878 Deputy County Counsel 3 575 Administration Drive, Room 105-A Santa Rosa, California 95403 4 Telephone: (707) 565-2421 Fax: (707) 565-2624 5 Email: dmcfadde@sonoma-county.org 6 Attorneys for Defendants Sonoma Valley County Sanitation District 7 and Sonoma County Water Agency 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CALIFORNIA RIVER WATCH, an IRC Section 501(c)(3) non-profit, public benefit 12 corporation, 13 Plaintiff, 14 v. Case No. 15-cv-01283 Hon. William H. Orrick STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT 15 SONOMA VALLEY COUNTY SANITATION DISTRICT and SONOMA 16 COUNTY WATER AGENCY, 17 18 19 20 21 22 23 24 25 26 27 Defendants. _____________________________________/ Pursuant to Civil Local Rules 6-1(a) and 6-2, all parties hereby stipulate and request that the Court enter an order extending Defendants’ time to file an answer or other responsive pleading by approximately 60 days. RECITALS Good cause exists for the request, as follows: WHEREAS, Plaintiff served its Complaint on the Sonoma Valley County Sanitation District on July 13, 2015; WHEREAS, Defendants currently have until August 4, 2015 to answer or respond to the Complaint; 28 Stipulation and Order to Extend Time to Respond to Complaint (15-cv-01283) 1 1 WHEREAS, the parties have been meeting regularly to negotiate a settlement; 2 WHEREAS, the parties are very close to negotiating final terms of a settlement; 3 WHEREAS, once a settlement is reached, a 45 day review period for the Department of 1 4 Justice is required before the settlement can be finalized; 5 WHEREAS, Defendants have requested and Plaintiff has consented to an additional 60 6 days to answer or respond to the Complaint; 7 WHEREAS, the dates currently set by Court order include the deadline for the Case 8 Management Statement (August 11, 2015); the deadline for the Rule 26 Meeting Report (August 9 11, 2015); and the Initial Case Management Conference (August 18, 2015); and 10 WHEREAS, a 60-day extension would change these dates currently set by Court order to 11 the following approximate dates: Case Management Statement deadline to approximately 12 October 12, 2015; Rule 26 Meeting Report deadline to approximately October 12, 2015; and 13 Initial Case Management Conference to approximately October 19, 2015. 14 STIPULATION 15 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, 16 through their respective counsel, that Defendants shall answer or otherwise respond to Plaintiff’s 17 Complaint by October 5, 2015. 18 Dated: July 21, 2015 SONOMA COUNTY COUNSEL’S OFFICE 19 20 By:________/s/_______________________ 21 DAVID R. MCFADDEN Deputy County Counsel Sonoma County Counsel’s Office Attorneys for Defendants Sonoma Valley County Sanitation District and Sonoma County Water Agency 22 23 24 25 26 27 28 1 Title 33 of the United States Code Section 1365(c)(3) provides, “No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.” Stipulation and Order to Extend Time to Respond to Complaint (15-cv-01283) 2 1 Dated: July 21, 2015 2 3 LAW OFFICE OF JACK SILVER Attorneys for Plaintiff California River Watch By:_________/s/_____________________ 4 Jerry Bernhaut , Esq. 5 6 7 ER H 16 k R NIA H. Orr ic illiam Judge W _______________________________________ RT 15 Dated:___________________________ July 24, 2015 TED GRAN NO 14 S DISTRICT TE C TA RT U O 13 IT IS SO ORDERED. FO 12 that Defendants’ deadline to respond to Plaintiff’s Complaint is extended to October 5, 2015. LI 11 otherwise respond to Plaintiff’s complaint and good cause appearing, it is hereby ORDERED A 10 Pursuant to the foregoing stipulation to extend time for Defendants to answer or S 9 ORDER UNIT ED 8 N F C D IS T IC T O R HONORABLE WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Order to Extend Time to Respond to Complaint (15-cv-01283) 3

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