United States of America v. California Department of Transportation

Filing 86

STIPULATION AND ORDER EXTENDING STAY re 85 Stipulation, filed by United States of America. Signed by Judge Phyllis J. Hamilton on 6/13/11. (nah, COURT STAFF) (Filed on 6/13/2011)

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BRADLEY R. O’BRIEN
DAVIS H. FORSYTHE
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
601 D. Street, N.W.
Washington, D.C. 20004
Tel.: [phone]
Fax: [phone]
MA Bar No.: 667115
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff United States

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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THE UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION

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Civil Action No. 4-09-CV-00437 PJH
STIPULATED AGREEMENT AND
[PROPOSED] ORDER REQUESTING
EXTENSION OF STAY AS A RESULT
OF UNAVAILABILITY OF COUNSEL
AND TO FACILITATE NEGOTIATION
OF A FINAL SETTLEMENT
DOCUMENT

Defendant.

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1.

On March 2, 2011, the Court ordered a stay of litigation in this matter upon the

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Parties’ request and joint stipulation to allow the Parties to draft a consent decree that would

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reflect the terms of their agreement in principle. [Docket No. 82]. Accordingly, the United

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States drafted and provided a proposed consent decree to the State of California Department of

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Transportation (“Caltrans”). The United States’ proposed consent decree is currently under

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review by Caltrans.

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STIPULATION REQUESTING EXTENSION OF STAY
CASE NO. 04-09-CV-00437 PJH

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However, Janet Wang, lead counsel for the Caltrans, has been out ofthe office

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since mid-April on an extended medical leave of absence following surgery, and has therefore

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been unable to meaningfully participate in settlement activities. Ms. Wong was originally

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able to return until early July.
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To facilitate the Parties' continued efforts to reach agreement on a consent decree

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Presidio Trust, the United States Army,the California Department of Transportation, and the

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California Transportation Commission, the parties respectfully request an additional 90 day stay

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of this matter, through September 28, 2011.
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The Parties hereby consent to entry ofthe foregoing stipulation,

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Respectfully submitted,

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FOR PLAINTIFF THE UNITED STATES OF AMERICA:

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Date: ~l `'k~ ~~, ~'~~

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~~
-~
Davis H. Forsythe
Bradley R. O'Brien
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
601 D Street, N.W.
Washington, D.C. 20004

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FOR DEFENDANT THE CALIFORNIA DEPARTMENT OF TRANSPORTATION:

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Date: ~vvle

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o~.0 G
Derek Van Hoften
California Department of Transportation

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STIPULATION REQUESTING EXTENSION OFST.9

-CV00437PJ1
CASE No.04-09
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595 Market Street, Suite 1700
San Francisco, CA 94105

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

NO

RT

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Judge P

ER

amilton

H
hyllis J.

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R NIA

______________________________
ERED
O ORD
IT IS S
U.S. District Court Judge
FO

6/13/11
Date: ____________________

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STIPULATION REQUESTING EXTENSION OF STAY
CASE NO. 04-09-CV-00437 PJH
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