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

Filing 18

ORDER granting 17 Third MOTION for Relief From Scheduling Order. Rule 26 Meeting Report due by 10/12/2015. Case Management Statement due by 10/13/2015. Case Management Conference set for 10/20/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 08/12/2015. (jmdS, COURT STAFF) (Filed on 8/12/2015)

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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.: August 18, 2015
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Plaintiff CALIFORNIA RIVER WATCH hereby moves for relief from the Court’s Order

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of June 25, 2015 re-setting the Initial Case Management Conference and ADR Deadlines (Dkt

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#11) in that Plaintiff moves to further extend all deadlines for a period of sixty (60) days.

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Dated: August 5, 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
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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 June

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24, 2015 (Dkt # 10). At that time, the parties and their respective counsel were continuing in

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settlement discussions and had drafted a Settlement Agreement for presentation to Defendant’s

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Board of Supervisors. The Court issued its Order (Dkt #11) further extending the deadlines set

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forth in the Order Setting Initial 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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August 4, 2015

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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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3.

Following the June 25, 2015 Order, Defendants were served with the Complaint

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in order to comply with the mandates of Rule 4. As the parties continue in the final stages of

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negotiations, Plaintiff agreed to extend the time within which Defendant may respond to the

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Complaint (served on Defendants on July 13, 2015) for a period of sixty (60) days. Defendant

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filed a Stipulation to that effect indicating that granting the Stipulation would change the dates

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currently set by the Court in its June 25, Order; and, advising the Court of the U.S. Department

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of Justice’s 45-day review period required for any settlement reached, pursuant to 33 U.S.C.

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§1365(c)(3) (Dkt # 14). The Court issued its Order extending Defendant’s deadline to respond

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to the Complaint to October 5, 2015.

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

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4.

In lieu of the above, I am requesting all deadlines be further extended for a period

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of sixty (60) days. The continuance requested will not hinder or harm any proceedings in this

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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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August 5, 2015.

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/s/ Jerry Bernhaut
JERRY BERNHAUT

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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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October 05, 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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October 12, 2015

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

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October 20, 2015

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Dated: _________2015
August 12,

__________________________
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