Plastic Pollution Coalition v. TE Connectivity

Filing 14

ORDER granting 12 MOTION 28-day Extension of Initial Case Management Conference and ADR Deadline filed by Plastic Pollution Coalition. Initial Case Management Conference reset for 1/11/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 12/15/2015. (afmS, COURT STAFF) (Filed on 12/15/2015)

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

Case No. 15-cv-03658-CRB
SECOND UNOPPOSED
MOTION FOR RELIEF
FROM CASE
MANAGEMENT
SCHEDULE; REQUESTING
28-DAY EXTENSION
[PROPOSED] ORDER

Defendants.

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SECOND 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 existing Case Management Schedule
(Docket 11, Aug. 11, 2015) consisting of a 28-day extension of the Initial Case

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Management Conference and ADR Deadlines. On November 2, 2015, the Court
granted Plaintiff’s first request for relief from the Case Management Schedule. Id.
As discussed below, a second extension is merited to resolve this case as

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efficiently as possible.

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POINTS AND AUTHORITIES

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Good cause exists to extend the Case Management Schedule deadlines
because out-of-court negotiations with Defendants have resulted in a proposed
consent decree that is awaiting final client approvals. This 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 anticipates this second 28-day delay in the Initial Case
Management Conference and ADR Deadlines will be sufficient to allow the parties
to come to agreement on a final consent decree and file the same with the 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 this second request for relief from

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SECOND MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT

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the case management schedule.
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.
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: November 27, 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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SECOND 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:
CASE SCHEDULE – ADR MULTI-OPTION PROGRAM

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Date

Event

8/11/15

Complaint Filed

12/25/15

*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

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

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1/8/16

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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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1/11/16

INITIAL CASE MANAGEMENT
CONFERENCE
(CMC) at 8:30 AM in:
Courtroom 6, 17th Floor
Phillip Burton Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102

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SECOND 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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12/15/2015
Date: ___________

_________________________
Honorable Charles R. Breyer
District Court Judge

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SECOND MOTION FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE; PROPOSED ORDER

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U.S. DISTRICT COURT