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

Filing 98

ORDER GRANTING STIPULATION 97 . Order to Show Cause is VACATED. Settlement Conference set for 11/15/2012 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 10/29/12. (lmh, COURT STAFF) (Filed on 10/29/2012)

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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
Oakland, CA 94607
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORTHERN CALIFORNIA RIVER WATCH,
a non-profit corporation; TEAMSTERS
LOCAL 70, a labor organization; and EAST
BAY ALLIANCE FOR SUSTAINABLE
ECONOMY, a non-profit organization,

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Plaintiffs,

Case No.: 4:10-cv-3912 CW-JSC
STIPULATION AND [PROPOSED]
==========
ORDER TO RESCHEDULE
SETTLEMENT CONFERENCE AND
VACATE ORDER TO SHOW CAUSE
HEARING

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v.
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OAKLAND MARITIME SUPPORT
SERVICES, INC., a corporation; WILLIAM
ABOUDI, an individual; and JORGE
GONZALEZ RIVERA d.b.a. CHRISTIAN
BROTHERS TRUCK SERVICES, an
individual; and REDEVELOPMENT AGENCY
OF THE CITY OF OAKLAND, a local public
agency;

Hearing: October 30, 2012
Courtroom: A, 15th Floor
Time: 9:30 a.m.
Hon. Magistrate Judge Nathanael Cousins

Defendants.
WHEREAS, on October 12, 2012, pursuant to the parties’ Stipulation and [Proposed]

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Order to Extend Discovery Deadlines and Trial Date, the Court issued an order indicating that

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the case would be referred to a Magistrate Judge for a settlement conference;

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WHEREAS, on October 17, 2012, the Court referred the case to Magistrate Judge

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Nathanael M. Cousins for a settlement conference;

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-1STIPULATION AND [PROPOSED] ORDER TO
========
RESCHEDULE SETTLEMENT CONFERENCE AND
VACATE ORDER TO SHOW CAUSE HEARING

Case No: 4:10-cv-3912 CW-JSC

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WHEREAS, on October 18, 2012, the Court issued an order setting the settlement
conference for October 30, 2012, at 9:30 a.m.;
WHEREAS, the parties communicated with each other subsequent to the assignment of
the date and determined that the date was not available for all parties.
WHEREAS, the parties solicited alternative dates for the settlement conference from
Judge Cousins’ clerk, and ultimately determined that November 15, 2012, at 9:30 a.m., would be
suitable for all parties. Given the parties understanding of the Court’s available alternative dates
and their intent to request a revised settlement conference date from the Court, the parties
anticipated filing their settlement conference statements on a date consistent with any revised
date for the conference;
WHEREAS, the parties were not able to confirm each of their availability as of October
23, 2012, and inadvertently did not submit settlement conference statements on that date in
concordance with the Court’s October 18, 2012 Order and, on October 26, 2012, the Court
accordingly issued an Order to Show Cause set for October 30, 2012, at 9:30 a.m., and;
WHEREAS, the parties shall file settlement conference statements consistent with the
date of the rescheduled settlement conference and the Court’s standing order.
NOW THEREFORE, the parties hereby request that the Court reschedule the settlement
conference for November 15, 2012. The parties further respectfully request that the Court vacate
the Order to Show Cause. The parties shall submit settlement conference statements no later
than seven days prior to the conference.

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Dated: October 29, 2012
/s/ Michael R. Lozeau
MICHAEL R. LOZEAU
Attorney for Plaintiffs

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-2STIPULATION AND [PROPOSED] ORDER TO
========
RESCHEDULE SETTLEMENT CONFERENCE AND
VACATE ORDER TO SHOW CAUSE HEARING

Case No: 4:10-cv-3912 CW-JSC

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Dated: October 29, 2012

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/s/ Meredith E. Brown
(as authorized on 10/29/12)
MEREDITH E. BROWN
Attorney for Defendants
OAKLAND MARITIME SUPPORT
SERVICES, INC. and WILLIAM ABOUDI

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Dated: October 29, 2012
/s/ Robert Doty
(as authorized on 10/29/12)
ROBERT DOTY
Attorney for Defendant
REDEVELOPMENT AGENCY OF THE
CITY OF OAKLAND

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PURSUANT TO STIPULATION, it is hereby ordered that:

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1. The settlement conference shall be rescheduled for November 15, 2012, at 9:30 a.m.

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2. The parties shall submit settlement conference statements by November 8, 2012.

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3. The hearing to show cause on October 30, 2012, is hereby vacated.

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Hon. Nathanael Cousins
United States Magistrate Judge
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Dated: October 29 2012
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UNIT
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IT IS SO ORDERED.

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-3STIPULATION AND [PROPOSED] ORDER TO
========
RESCHEDULE SETTLEMENT CONFERENCE AND
VACATE ORDER TO SHOW CAUSE HEARING

Case No: 4:10-cv-3912 CW-JSC