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)

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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.: [phone]
Fax: [phone]
MA Bar No.: 667115
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff United States
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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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

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Defendant.

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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
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2.

However, lead counsel for the California Department of

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Transportation could not meaningfully participate in settlement activities until

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early July because of an extended medical leave of absence following surgery.

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Accordingly, the Parties sought and the Court granted an extension of the stay

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[Docket No. 86].

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3.

The Parties have exchanged several draft agreements, held telephonic

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conferences, and participated in negotiation sessions in their efforts to fully resolve

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this action. Through these efforts, counsel for the Parties have completed the

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drafting of a consent decree that they are now recommending for approval to the

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appropriate government officials with authority to approve the settlement.
4.

To facilitate the Parties’ efforts to obtain the required approval of

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appropriate officials of the United States Department of Justice, the Presidio Trust,

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

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California Transportation Commission, the Parties respectfully request an

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additional stay of this matter through November 11, 2011.

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5.

The Parties hereby consent to entry of the foregoing Stipulation.

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Respectfully submitted,
FOR PLAINTIFF THE UNITED STATES OF AMERICA:

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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

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STIPULATION REQUESTING EXTENSION OF STAY
CASE NO. 04-09-CV-00437 PJH
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FOR DEFENDANT THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION:

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Date: September 23, 2011

/s/Janet Wong___________
Janet Wong
California Department of Transportation
595 Market Street, Suite 1700
San Francisco, CA 94105

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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_______________________
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9/27/11
Date: _________________

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