Northern California River Watch v. Oakland Maritime Support Services, Inc. et al

Filing 29

ORDER Granting re 27 Stipulation to Reschedule CMC. Case Management Statement due by 2/22/2011. Case Management Conference set for 3/8/2011 02:00 PM. Signed by Judge Claudia Wilken on 12/13/2010. (ndr, COURT STAFF) (Filed on 12/13/2010)

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Michael R. Lozeau (State Bar No. 142893) Richard T. Drury (State Bar No. 163559) Douglas J. Chermak (State Bar No. 233382) LOZEAU DRURY LLP 410 12th Street, Suite 250 Tel: [phone] Fax: [phone] (fax) E-mail: [e-mail] [e-mail] Attorneys for Plaintiffs NORTHERN CALIFORNIA RIVER WATCH, TEAMSTERS LOCAL 70, and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORTHERN CALIFORNIA RIVER WATCH, a non-profit corporation; TEAMSTERS LOCAL 70, a labor organization; and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY, a nonprofit organization, Plaintiffs, vs. OAKLAND MARITIME SUPPORT SERVICES, INC., a corporation; WILLIAM ABOUDI, an individual; JORGE GONZALEZ RIVERA d.b.a. CHRISTIAN BROTHERS TRUCK SERVICES, an individual; CITY OF OAKLAND, a municipality; REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND, a local public agency; and COMMUNITY AND ECONOMIC DEVELOPMENT AGENCY, a public agency, Defendants. WHEREAS, on August 31, 2010, Plaintiff Northern California River Watch filed a complaint against Defendants Oakland Maritime Support Services, Inc., William Aboudi, and Jorge Gonzalez River d.b.a. Christian Brothers Truck Services. WHEREAS, on November 2, 2010, Plaintiffs filed its First Amended Complaint, adding in as plaintiffs Teamsters Local 70 and East Bay Alliance for a Sustainable Economy, and adding in as
STIPULATION TO RESCHEDULE CMC [PROPOSED} ORDER

Case No. 4:10-cv-3912 CW

STIPULATION AND ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE Judge: Hon. Claudia Wilken

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4:10-cv-03912 CW

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defendants City of Oakland, Redevelopment Agency of the City of Oakland, and Community and Economic Development Agency. WHEREAS, on November 15, 2010, Defendants Oakland Maritime Support Services, Inc. and William Aboudi filed a Motion to Dismiss against Plaintiffs. WHEREAS, on November 11, 2010, Plaintiffs served the First Amended Complaint Defendant Jorge Gonzalez Rivera d.b.a. Christian Brothers Truck Services but Defendant Rivera has not yet made an appearance in the action. WHEREAS, on November 24, 2010, the above-entitled action was reassigned to Judge Hon. Claudia Wilken for all further proceedings. WHEREAS, in reassigning the case to Judge Wilken, the Court ordered the parties to renotice any pending motions to a new hearing date before Judge Wilken. WHEREAS, in order to facilitate possible settlement discussions with defendants City of Oakland, Redevelopment Agency of the City of Oakland, and Community and Economic Development Agency, Plaintiffs have yet to serve the First Amended Complaint on those three, new defendants, and must do so by March 2, 2011. WHEREAS, on December 14, 2010, at 2:00 p.m., the parties are scheduled to appear before Judge Wilken for a Case Management Conference. WHEREAS, Plaintiffs and Defendants Oakland Maritime Support Services, Inc. and William Aboudi agreed, upon the Court's approval, to reschedule the Case Management Conference for March 8, 2011, to provide an opportunity for the parties to brief and for the Court to determine the merits of the Motion to Dismiss and to allow Plaintiffs time to engage in possible settlement discussions and serve the complaint against the three new municipal Defendants. THEREFORE, IT IS STIPULATED by and between the parties who currently have appeared before the Court, through their respective counsel, as follows: 1. The Case Management Conference set for December 14, 2010, be rescheduled for March 8, 2011. 2. The deadline to file the Joint Case Management Statement be rescheduled for February 22, 2011.
STIPULATION TO RESCHEDULE CMC [PROPOSED} ORDER

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WHEREFORE, the Parties respectfully request the Court to approve and enter the Order

Dated: December 3, 2010

By: _/s/ Douglas J. Chermak______________ Douglas J. Chermak Attorneys for Plaintiff NORTHERN CALIFORNIA RIVER WATCH, TEAMSTERS LOCAL 70, and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY

Dated: December 3, 2010

By: _/s/ Jay I. Aboudi (as authorized on 12/3/2010) Jay I. Aboudi Attorney for Defendants OAKLAND MARITIME SUPPORT SERVICES, INC. and WILLIAM ABOUDI

STIPULATION TO RESCHEDULE CMC [PROPOSED} ORDER

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STIPULATION TO RESCHEDULE CMC [PROPOSED} ORDER

ORDER Based on the foregoing stipulation, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the Case Management Conference set for December 14, 2010, is rescheduled for March 8, 2011. The parties shall file a joint case management statement by February 22, 2010. IT IS SO ORDERED. NORTHERN DISTRICT COURT OF CALIFORNIA

Dated: 12/13/2010

__________________________________________ United States District Court Judge

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