San Francisco Baykeeper v. Taylor

Filing 14

AMENDED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES, AND TO EXTEND TIME TO RESPOND TO COMPLAINT. (CORRECTS DATE OF CONTINUED CMC) Signed by Magistrate Judge Maria-Elena James on 6/24/2016. (rmm2S, COURT STAFF) (Filed on 6/24/2016) Modified on 6/24/2016 (rmm2S, COURT STAFF).

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1 2 3 4 5 6 7 George Torgun (Bar No. 222085) Nicole C. Sasaki (Bar No. 298736) SAN FRANCISCO BAYKEEPER 1736 Franklin Street, Suite 800 Oakland, California 94612 Telephone: (510) 735-9700 Facsimile: (510) 735-9160 Email: george@baykeeper.org Email: nicole@baykeeper.org Attorneys for Plaintiff SAN FRANCISCO BAYKEEPER 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 SAN FRANCISCO BAYKEEPER, a non-profit corporation, 15 Plaintiff, 16 17 18 v. JAMES F. TAYLOR dba PINOLE RODEO AUTO WRECKERS, 19 20 Defendant. Civil No. 4:15-cv-05825-MEJ THIRD REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES, AND TO EXTEND TIME TO RESPOND TO COMPLAINT; [PROPOSED] ORDER (Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.) Honorable Maria-Elena James 21 22 23 24 25 26 27 28 THIRD REQUEST TO CONTINUE CMC & TO EXTEND TIME TO RESPOND TO COMPLAINT – Civil No. 4:15-cv-05825-MEJ WHEREAS, on December 18, 2015, Plaintiff San Francisco Baykeeper (“Plaintiff”) filed the 1 2 above-entitled action; WHEREAS, Defendant has chosen to proceed as a pro se litigant, and has not appeared in this 3 4 5 6 7 action; WHEREAS, Plaintiff and Defendant (collectively, the “Parties”) have been working together in good faith to reach a settlement agreement in this action; WHEREAS, pursuant to a second request by Plaintiff (Dkt. 10), the Court set the initial Case 8 Management Conference in this action for July 7, 2016 at 10:00 a.m., and continued other deadlines in 9 the case (Dkt. 11); 10 11 WHEREAS, the Parties desire to continue informal negotiations in good faith, and anticipate reaching a final settlement in this action within the next eight (8) weeks; 12 WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the Case Management 13 Conference for August 18, 2016, at 10:00 a.m., or at such later date that is convenient for the Court, in 14 order to give the Parties a chance to complete settlement negotiations without involving the resources 15 of the Court; 16 WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the deadline to file the 17 Parties’ ADR certifications and stipulations to ADR process or notices of need for an ADR phone 18 conference no later than one week before the Case Management Conference; 19 WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the deadline to file the 20 Parties’ Rule 26(f) Report and Joint Case Management Statement no later than one week before the 21 Case Management Conference; 22 WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the deadline to file the 23 Parties’ initial disclosures or objections in their Rule 26(f) Report no later than one week before the 24 Case Management Conference; 25 26 WHEREAS, pursuant to a second request filed by Plaintiff (Dkt. 10), the Court extended Defendant’s time to respond to the complaint to until July 11, 2016 (Dkt. 11); 27 28 THIRD REQUEST TO CONTINUE CMC & TO EXTEND TIME TO RESPOND TO COMPLAINT – Civil No. 4:15-cv-05825-MEJ 1 2 3 4 5 6 7 8 9 10 WHEREAS, the Parties desire to extend the time for Defendant to respond to the complaint until August 22, 2016; WHEREAS, such an extension of time within which to answer or otherwise respond to the complaint will not alter the date of any event or any deadline already fixed by Court Order; WHEREAS, Plaintiff requests, upon the Court’s approval, to extend the time for Defendant to respond to the complaint to August 22, 2016, in order to give the Parties a chance to complete settlement negotiations; WHEREFORE, Plaintiff respectfully requests the Court to approve and enter the Proposed Order below. DATE: June 24, 2016 Respectfully Submitted, 11 /s/ Nicole C. Sasaki 12 Nicole C. Sasaki Attorneys for Plaintiff SAN FRANCISCO BAYKEEPER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIRD REQUEST TO CONTINUE CMC & TO EXTEND TIME TO RESPOND TO COMPLAINT -Civil No. 4:15-cv-05825-MEJ [PROPOSED] ORDER 1 2 3 4 5 GOOD CAUSE APPEARING, July 25, 2016 1. The Case Management Conference shall be continued to ________________________ at 10:00 a.m. 2. The Parties’ ADR certifications and stipulations to ADR process or notices of need for 6 an ADR phone conference shall be filed no later than one week before the Case 7 Management Conference. 8 9 10 11 12 13 3. The Parties’ Rule 26(f) Report and Joint Case Management Statement shall be filed no later than one week before the Case Management Conference. 4. The Parties’ initial disclosures or objections in their Rule 26(f) Report shall be filed no later than one week before the Case Management Conference. 5. Defendant’s time to respond to the complaint shall be extended to August 22, 2016. IT IS SO ORDERED. 14 15 June 24, 2016 Date: ____________________ NORTHERN DISTRICT OF CALIFORNIA 16 17 _____________________________________ Honorable Maria-Elena James United States District Court 18 19 20 21 22 23 24 25 26 27 28 THIRD REQUEST TO CONTINUE CMC & TO EXTEND TIME TO RESPOND TO COMPLAINT -Civil No. 4:15-cv-05825-MEJ

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