United States of America v. California Department of Transportation
Filing
88
STIPULATION AND ORDER EXTENDING STAY TO ALLOW FINAL APPROVALS TO BE OBTAINED re 87 Stipulation filed by United States of America. Signed by Judge Phyllis J. Hamilton on 9/27/11. (nah, COURT STAFF) (Filed on 9/27/2011)
1
2
3
4
5
6
7
8
BRADLEY R. O’BRIEN
DAVIS H. FORSYTHE
Environmental Enforcement Section
United States Department of Justice
601 D. Street, N.W.
Washington, D.C. 20004
Tel.: (202)616-6528
Fax: (202)514-2583
MA Bar No.: 667115
Email: brad.obrien@usdoj.gov
davis.forsythe@usdoj.gov
9
10
Attorneys for Plaintiff United States
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
11
12
13
14
15
THE UNITED STATES OF
AMERICA,
16
Plaintiff,
17
18
v.
19
20
21
Civil Action No. 4-09-CV-00437 PJH
STIPULATED AGREEMENT
AND [PROPOSED] ORDER
REQUESTING EXTENSION OF
STAY TO ALLOW FINAL
APPROVALS TO BE OBTAINED
THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION
22
Defendant.
23
24
25
26
27
28
1.
On March 2, 2011, the Court ordered a 120 day stay of litigation in
this matter upon the Parties’ request and joint stipulation to allow the Parties to
draft a consent decree that would reflect the terms of their agreement in principle.
[Docket No. 82]. The United States then drafted and provided a proposed consent
decree to the California Department of Transportation.
STIPULATION REQUESTING EXTENSION OF STAY
CASE NO. 04-09-CV-00437 PJH
1
1
2.
However, lead counsel for the California Department of
2
Transportation could not meaningfully participate in settlement activities until
3
early July because of an extended medical leave of absence following surgery.
4
Accordingly, the Parties sought and the Court granted an extension of the stay
5
[Docket No. 86].
6
3.
The Parties have exchanged several draft agreements, held telephonic
7
conferences, and participated in negotiation sessions in their efforts to fully resolve
8
this action. Through these efforts, counsel for the Parties have completed the
9
drafting of a consent decree that they are now recommending for approval to the
10
11
appropriate government officials with authority to approve the settlement.
4.
To facilitate the Parties’ efforts to obtain the required approval of
12
appropriate officials of the United States Department of Justice, the Presidio Trust,
13
the United States Army, the California Department of Transportation, and the
14
California Transportation Commission, the Parties respectfully request an
15
additional stay of this matter through November 11, 2011.
16
5.
The Parties hereby consent to entry of the foregoing Stipulation.
17
18
19
Respectfully submitted,
FOR PLAINTIFF THE UNITED STATES OF AMERICA:
20
21
22
23
24
25
26
Date: September 23, 2011
/s/ Bradley R. O’Brien_____
Bradley R. O'Brien
Davis H. Forsythe
Trial Attorneys
Environmental Enforcement Section
United States Department of Justice
601 D Street, N.W.
Washington, D.C. 20004
27
28
STIPULATION REQUESTING EXTENSION OF STAY
CASE NO. 04-09-CV-00437 PJH
2
1
2
FOR DEFENDANT THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION:
3
4
Date: September 23, 2011
/s/Janet Wong___________
Janet Wong
California Department of Transportation
595 Market Street, Suite 1700
San Francisco, CA 94105
5
6
7
8
9
PURSUANT TO STIPULATION, IT IS SO ORDERED.
11
19
ER
R NIA
hylli
Judge P
H
18
RT
17
ilton
s J. Ham
NO
16
O
IT IS S
FO
15
_______________________
ED
U.S. District Court Judge
ORDER
LI
14
9/27/11
Date: _________________
UNIT
ED
13
RT
U
O
S
12
S DISTRICT
TE
C
TA
A
10
N
F
D IS T IC T O
R
C
20
21
22
23
24
25
26
27
28
STIPULATION REQUESTING EXTENSION OF STAY
CASE NO. 04-09-CV-00437 PJH
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?