Northern California River Watch v. Olympian Oil Company, LLC. et al

Filing 11

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 10/6/2011 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 5/13/11. (lrc, COURT STAFF) (Filed on 5/13/2011)

Jack Silver, Esq. SB #160575
Law Office of Jack Silver
2 Post Office Box 5469
Jerry Bernhaut, Esq. SB # 206264
3 Santa Rosa, CA 95402-5469
Tel.[phone]
4 Fax.[phone]
[e-mail]
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Attorneys for Plaintiff
NORTHERN CALIFORNIA RIVER WATCH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.: 4:11-cv-00849 SBA

NORTHERN CALIFORNIA RIVER
WATCH,

STIPULATION RE CONTINUANCE
OF INITIAL CASE MANAGEMENT
SCHEDULE; ORDER
[L.R. 16-2(e)]

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Plaintiff,
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v.
OLYMPIAN OIL COMPANY, LLC,
et al,

Case Mgmt. Conf. - June 9, 2011

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Defendants.
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Pursuant to Civil Local Rule 16-2(e), the parties to this action, by and through their
respective counsel, hereby stipulate as follows:

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This action was filed on February 23, 2011. The pleadings have been served on named

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defendants by way of executed Waivers of Service of the Summons. The initial Case

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Management Conference has been set by the Court for June 9, 2011 (Court Doc #6). The parties

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have stipulated that Defendants be granted an extension of time to respond to the Complaint to

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May 20, 2011 (Court Doc # 8).

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The parties have been in active communication with respect to resolution of the dispute

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which is the subject of these proceedings, including a face-to-face meeting including the parties

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and their counsel on May 4, 2011. Defendants have provided Plaintiff with documentation

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4:11-cv-00849 SBA
STIPULATION RE CONTINUANCE OF CASE MANAGEMENT SCHEDULE; [PROPOSED] ORDER

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relating to current and ongoing remediation of the sites at issue, and are waiting for the Regional

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Water Quality Control Board to approve a draft remediation plan for the sites.

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The parties are unable to move forward with further discussion or efforts to resolve any

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remaining disputes until the Regional Water Quality Control Board completes its review and

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issues its findings with regard to Defendants’ sites, which findings are not expected to be

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completed for at least two more months.

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Therefore, parties believe a continuance of the Case Management Conference, and other

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deadlines tied to the Case Management Conference date, as well as a further continuance of

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Defendant’s responsive pleading deadline, is appropriate and will not harm or hinder these

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proceedings in any way.
IT IS THEREFORE STIPULATED by and between counsel for Plaintiff and Defendants
as follows:
a)

to August 3, 2011;

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That the responsive pleadings deadline for Defendants may be further continued

b)

That the last day to meet and confer re Initial Disclosures, file an ADR

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Certification and either a Stipulation to ADR Process or Notice of Need for ADR

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Phone Conference may be extended to September 14, 2011;

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c)

2011;

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That the last day to file Rule 26(f) Report may be extended to September 28,

d)

That the Initial Case Management Conference may be continued from June 9,

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2011 to October 6, 2011 at 3:00 p.m. in Courtroom 1, 4th Floor, via telephone.

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Plaintiff’s counsel to set up the conference call with all the parties on the line

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and call chambers at [phone].

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Dated: May 9, 2011

/s/ Jack Silver
JACK SILVER
Attorney for Plaintiff
NORTHERN CALIFORNIA RIVER WATCH

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4:11-cv-00849 SBA
STIPULATION RE CONTINUANCE OF CASE MANAGEMENT SCHEDULE; [PROPOSED] ORDER

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Dated: May 10, 2011

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/s/ Daphne Lin for Bruce D. Prescott
BRUCE D. PRESCOTT
Attorney for Defendants
OLYMPIAN OIL COMPANY, LLC,
OLYMPIAN GULF PROPERTIES, INC.

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Pursuant to the parties’ Stipulation, IT IS HEREBY ORDERED THAT:
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a)

That the responsive pleadings deadline for Defendants may be further continued

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to August 3, 2011;
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b)

That the last day to meet and confer re Initial Disclosures, file an ADR

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Certification and either a Stipulation to ADR Process or Notice of Need for ADR
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Phone Conference may be extended to September 14, 2011;
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c)

That the last day to file Rule 26(f) Report may be extended to September 28,

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2011;
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d)

That the Initial Case Management Conference may be continued from June 9,

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2011 to October 6, 2011 at 3:00 p.m. in Courtroom 1, 4th Floor, via telephone.
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Prior to the date scheduled for the conference, the parties shall meet and confer
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and prepare a joint Case Management Conference Statement. The joint statement
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shall be filed no later than ten (10) days prior to the conference and shall comply
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with the Standing Order for All Judges of the Northern District of California and
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the Standing Order of this Court. Plaintiff shall be responsible for filing the
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statement as well as for arranging the conference call. All parties shall be on the
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4:11-cv-00849 SBA
STIPULATION RE CONTINUANCE OF CASE MANAGEMENT SCHEDULE; [PROPOSED] ORDER

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line and shall call [phone] at the above indicated date and time.

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DATED: May 13, 2011

____________________________________

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SANDRA BROWN ARMSTRONG

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United States District Judge

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4:11-cv-00849 SBA
STIPULATION RE CONTINUANCE OF CASE MANAGEMENT SCHEDULE; [PROPOSED] ORDER

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