Plastic Pollution Coalition v. TE Connectivity

Filing 11

ORDER, granting 10 MOTION for 35-day Extension of Initial Case Management Conference and ADR Deadlines and Proposed Order filed by Plastic Pollution Coalition. Case Management Statement due by 12/11/2015. Initial Case Management Conference set for 12/18/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 11/2/2015. (beS, COURT STAFF) (Filed on 11/2/2015)

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GARY A. DAVIS (SBN 098792)
Davis & Whitlock, P.C.
21 Battery Park Avenue, Suite 206
Asheville, NC 28801
T: [phone]; F: [phone]
Email: [e-mail]

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JAMES M. BIRKELUND (SBN 206328)
Law Offices of James Birkelund
548 Market St., # 11200
San Francisco, CA 94105
T: [phone]; F: [phone]
Email: [e-mail]

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RACHEL S. DOUGHTY (SBN 255904)
Greenfire Law
1202 Oregon Street
Berkeley, CA 94702
T: [phone]
Email: [e-mail]

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Attorneys for Plaintiff.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PLASTIC POLLUTION COALITION, a
project of EARTH ISLAND INSTITUTE, a
non-profit organization,

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Plaintiff,

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v.
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TE CONNECTIVITY dba TYCO
ELECTRONICS CORPORATION, TE
CONNECTIVITY NETWORKS, and TE
CIRCUIT PROTECTION,

Case No. 15-cv-03658-CRB
UNOPPOSED MOTION
FOR RELIEF FROM CASE
MANAGEMENT
SCHEDULE; REQUESTING
35-DAY EXTENSION
ORDER

Defendants.

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MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT

MOTION

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Pursuant to Civ. L.R. 7-11 and 16-2(d), Plaintiff Plastic Pollution Coalition,

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a project of Earth Island Institute (“Plastic Pollution Coalition”), by and through its
attorneys, hereby moves for relief from the Case Management Schedule (Docket 7,
Aug. 11, 2015) consisting of a 35-day extension of the Initial Case Management

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Conference and ADR Deadlines.

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POINTS AND AUTHORITIES

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Good cause exists to extend the Case Management Schedule deadlines

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because out-of-court negotiations with Defendants have been extensive and

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promising. The parties in good faith are focusing their energy and resources on

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reaching an early settlement to resolve their disputes. An early settlement (in the

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form of a consent decree) would save the Court time and resources, and the

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requested extension will potentially avoid unnecessary case management activities.

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Plaintiff’s counsel is fully prepared to litigate; however, due to progress in

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settlement negotiations and other factors, Plaintiff has not yet served Defendants

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with the Summons and Complaint. 1 Plaintiff anticipates that a 35-day delay in the
Initial Case Management Conference and ADR Deadlines will allow the parties to
determine whether an early settlement is possible.

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The Complaint in this case was filed August 11, 2015. The deadline for service of
the Summons and Complaint is 120-days, i.e., February 7, 2016.

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MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT

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Plaintiff further has consulted with Defendants’ counsel, Gary J. Smith, who
is aware of this motion and does not object to the request for relief from the case
management schedule.

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This request is made in good faith and is not for purposes of delay. All
factual representations made herein are supported by the attached Declaration of
James M. Birkelund.

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This motion is unopposed as Defendants have yet to be served with the
Summons and Complaint and so have not made an appearance.

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Dated: October 23, 2015

JAMES M. BIRKELUND

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By: /s/ James Birkelund
Attorney for Plaintiff

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GARY DAVIS, ESQ
RACHEL DOUGHTY, ESQ

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MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT

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GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED:

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The Order Setting Initial Case Management Conference and ADR Deadlines

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is hereby amended as follows:

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CASE SCHEDULE – ADR MULTI-OPTION PROGRAM

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Date

Event

8/11/15

Complaint Filed

11/27/15

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

FRCivP 26(f) & ADR
L.R. 3-5

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• file ADR Certification signed by Parties and
Counsel

Civil L.R. 16-8(b) &
ADR L.R. 3-5(b)

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(form available at http://www.cand.uscourts.gov)

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• file either Stipulation to ADR Process or Notice
of Need for ADR Phone Conference
http://www.adr.cand.uscourts.gov

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(form available at http://www.cand.uscourts.gov)

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Governing Rule

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Civil L.R. 16-8(c) &
ADR L.R. 3-5(b)

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12/11/15

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Last day to file Rule 26(f) Report, complete
initial disclosures or state objection in Rule 26(f)
Report and file Case Management Statement per
Standing Order re Contents of Joint Case
Management Statement

FRCivP 26(a) (1) Civil
L.R. 16-9

(also available at http://www.cand.uscourts.gov)

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12/18/15

INITIAL CASE MANAGEMENT
CONFERENCE
(CMC) at 8:30 AM in:

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Courtroom 6, 17th Floor
Phillip Burton Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102

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MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT

Civil L.R. 16-10

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* If the Initial Case Management Conference is continued, the other deadlines are continued accordingly.

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Date: Nov. 2, 2015

_________________________
Honorable Charles R. Breyer
District Court Judge

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MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT