California Environmental Protection Association v. Sonoma Soil Builders, LLC

Filing 30

STIPULATION AND ORDER AS MODIFIED re 28 STIPULATION WITH PROPOSED ORDER Continuing Case Management and Discovery Dates filed by California Environmental Protection Association Case Management Statement due by 1/17/2017. Discovery due by 2/19/2018. Initial Case Management Conference set for 1/24/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 9/23/16. (sisS, COURT STAFF) (Filed on 9/23/2016)

1 STEPHAN C. VOLKER (SBN 63093)
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10.579.02

ALEXIS E. KRIEG (SBN 254548)
STEPHANIE L. CLARKE (SBN 257961)
LAW OFFICES OF STEPHAN C. VOLKER
436 14th Street, Suite 1300
Oakland, California 94612
Tel: [phone]
Fax: [phone]
Email: [e-mail]

6 Attorneys for Plaintiff

CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION

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PETER L. SIMON (SBN 178393)

8 BEYERS COSTIN SIMON

A Professional Corporation

9 200 Fourth Street, Suite 400

P.O. Box 878

10 Santa Rosa, California 95402-0878

Tel:

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707/547-2000
707/526-2746

12 Attorneys for Defendant

SONOMA SOIL BUILDERS, INC., a California corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA ENVIRONMENTAL
PROTECTION ASSOCIATION,
Plaintiff,

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v.
SONOMA SOIL BUILDERS, INC and
DOES 1-30, inclusive,
Defendants.

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Case No. 4:15-cv-04880-KAW
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT AND DISCOVERY
DATES AS MODIFIED
Case Mgmt Conf.: October 4, 2016
Time: 1:30 p.m.

This case involves alleged violations related to storm water pollution statutes and
regulations. The parties are engaged in settlement discussions and to that end, on September 14,
2016, they participated in a conference call with this Court’s ADR Program Case Administrator.
The parties have requested the assistance of a Magistrate Settlement Judge. The ADR facilitator
indicated she would recommend that the Court assign this case to either a Magistrate Settlement
Conference Judge or a mediator. Due to the Court’s congested calendar, in either event, it

STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT AND DISCOVERY DATES

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4:15-cv-04880 KAW

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appears that the settlement conference or mediation will not take place until December, 2016 or

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later.

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The parties wish to preserve the resources necessary to settle the case, rather than spend

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them on case management and discovery procedures. Accordingly, the parties are requesting a

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continuance of all current deadlines to allow them to complete either a settlement conference or

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a mediation within the next 120 days.

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Accordingly, the parties hereby request the Court enter an order as follows:

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(1) The parties shall exchange the initial disclosures required under Federal Rule of Civil

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Procedure 26(a)(1) no later than February 15, 2017, as agreed upon by stipulation of the parties.
(2) Both plaintiff and defendants shall serve their first interrogatories, requests for

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production of documents and requests for admission pursuant to Federal Rules of Civil

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Procedure 33, 34 and 36, respectively, no later than March 20, 2017.

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(3) Both plaintiff and defendants shall serve their first notices of deposition, pursuant to

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Federal Rule of Civil Procedure 30, no later than April 18, 2017. Plaintiff anticipates deposing:

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Germon Medeiros

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Person most knowledgeable for Sonoma Soil Builders, Inc.

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3.

Other witnesses that may be identified in the foregoing deposition and

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document discovery as possessing relevant information, for which leave of court under Federal
Rule of Civil Procedure 30(a)(2) will be sought.
Defendants anticipate deposing individuals identified in discovery or at least one
representative from plaintiff.
(4) Depositions of the parties shall commence after July 17, 2017, at mutually
convenient dates and times.
(5) Both plaintiff and defendants shall serve subpoenas upon any third party witnesses
no later than August 21, 2017, seeking the production of documents and/or depositions.
(6) Plaintiff shall serve its experts’ reports upon defendants, pursuant to Federal Rule of

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Civil Procedure 26(a)(2), no later than October 23, 2017. The reports shall set forth the facts on
which the expert relies and the process of reasoning by which the expert’s conclusions are

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STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT AND DISCOVERY DATES

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4:15-cv-04880 KAW

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reached.
(7) Defendants shall serve their experts’ rebuttal reports upon plaintiff, pursuant to
Federal Rule of Civil Procedure 26(a)(2), no later than November 27, 2017.
(8) Depositions of the experts shall commence no later than December 11, 2017 for
plaintiff’s experts and January 22, 2018 for defendants’ experts.

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(9) All discovery shall be complete by February 19, 2018.

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(10) The parties reserve the right to seek or to schedule additional discovery as may

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become necessary, so long as it is completed by March 19, 2018.

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In addition, the Case Management Conference will be continued to January 23, 2017.

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Dated: September 16, 2016

s/ Stephan C. Volker
Stephan C. Volker
Attorney for Plaintiff
CALIFORNIA ENVIRONMENTAL PROTECTION
ASSOCIATION

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LAW OFFICES OF STEPHAN C. VOLKER

Dated: September 16, 2016

BEYERS, COSTIN & SIMON

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Peter L. Simon
Attorneys for Defendant
SONOMA SOIL BUILDERS, LLC

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ORDER

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IT IS SO ORDERED.
9/23/16
Dated: ________________

_______________________________
KANDIS A. WESTMORE
UNITED STATES DISTRICT MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT AND DISCOVERY DATES

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4:15-cv-04880 KAW