California Environmental Protection Association v. Sonoma Soil Builders, LLC

Filing 9

ORDER 8 MOTION for Relief From Scheduling Order. Case Management Statement due by 3/15/2016. Case Management Conference set for 4/5/2016 at 01:30 PM. Signed by Judge Kandis A. Westmore on 11/13/15. (kawlc2, COURT STAFF) (Filed on 11/13/2015)

Case 4:15-cv-04880-KAW Document 8 Filed 11/13/15 Page 1 of 3

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Jack Silver, Esq. SB# 160575
LAW OFFICE OF JACK SILVER
Post Office Box 5469
Santa Rosa, CA 95402-5469
Tel. [phone]
Fax. [phone]
Email: [e-mail]
Jerry Bernhaut, Esq. SB# 206264
23 Woodgreen Street
Santa Rosa, CA 95409
Tel. [phone]
Fax. [phone]
Email: [e-mail]
Attorneys for Plaintiff
CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA ENVIRONMENTAL
PROTECTION ASSOCIATION, a
private corporation,

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Plaintiff,

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v.

CASE NO: 3:15-cv-04880 KAW
EXPEDITED MOTION FOR RELIEF
FROM CASE MANAGEMENT
SCHEDULE; DECLARATION OF
JERRY BERNHAUT; [PROPOSED]
ORDER
[Civil L. R. 16-2(d)]

SONOMA SOIL BUILDERS, LLC
and DOES 1-10, inclusive,
Defendants.
/

Case Mgmt Conf.: January 26, 2016

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Plaintiff CALIFORNIA ENVIRONMENTAL PROTECTION ASSOCIATION hereby

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moves for relief from the Order Setting Initial Case Management Conference and ADR

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Deadlines issued by this Court on October 26, 2015, (Dkt #4) in that Plaintiff moves to extend

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all deadlines set in said Order for period of sixty (60) days.

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Dated: November 13, 2015

LAW OFFICE OF JERRY BERNHAUT
By:
/s/ Jerry Bernhaut
Jerry Bernhaut
Attorney for Plaintiff
CALIFORNIA ENVIRONMENTAL
PROTECTION ASSOCIATION

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3:15-cv-04880 KAW
Expedited Motion For Relief from Case Mgmt Schedule

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Case 4:15-cv-04880-KAW Document 8 Filed 11/13/15 Page 2 of 3

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DECLARATION OF JERRY BERNHAUT
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I am co-counsel for Plaintiff California Environmental Protection Association

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(“CEPA”) herein, have personal knowledge of all matters stated herein, and, if called as a

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witness, could and would testify competently thereto.

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2.

This action is a complaint for injunctive relief, civil penalties, restitution and

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remediation brought against Defendant for current and ongoing violations of the Clean Water

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Act (“CWA”), 33 U.S.C. §1251 et seq. The action was filed on October 23, 2015. Attached as

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Exhibit A to the initial Complaint is the April 30, 2015 Supplemental Notice of Violations and

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Intent to File Suit served on Defendant. No appearance has been filed on behalf of named

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Defendant.
3.

On November 5, 2015, CEPA served named Defendant with a Second

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Supplemental CWA 60-day notice encompassing additional violations of the CWA. The notice

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was also served on Shiloh Oaks Company LLC, known to CEPA to be the owner of the real

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property which is the subject of this litigation. Following the expiration of the 60-day hold period

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(January 9, 2016) CEPA will amend its current Complaint to include the allegations set forth in

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the November 5, 2015 Second Supplemental Notice and to add additional parties.

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4.

As the current scheduling Order sets a deadline to meet and confer under FRCP

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26(f) by January 6, 2016 and an Initial Case Management Conference on January 26, 2016, I am

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requesting all deadlines be extended for a period of sixty (60) days to allow CEPA the

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opportunity to file and serve an amended Complaint, and for named defendants to file a

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responsive pleading within the statutory time allowed.

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5.

The sixty (60) day continuance requested will not hinder or harm any proceedings

in this matter.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct and that this declaration was executed in Santa Rosa, California on

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November 13, 2015.

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/s/ Jerry Bernhaut
JERRY BERNHAUT

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3:15-cv-04880 KAW
Expedited Motion For Relief from Case Mgmt Schedule

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Case 4:15-cv-04880-KAW Document 8 Filed 11/13/15 Page 3 of 3

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[PROPOSED] ORDER

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GOOD CAUSE APPEARING, it is hereby,
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ORDERED, that the deadlines set forth in Order Setting Initial Case Management
Conference and ADR Deadlines be extended as follows:

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Last day to:
• meet and confer re: initial disclosures, early
settlement, ADR process selection, and
discovery plan

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•file ADR Certification signed by Parties and Counsel

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March 1, 2016

•file either Stipulation to ADR Process or Notice
of Need for ADR Phone Conference
Last day to file Rule 26(f) Report, complete initial
disclosures and File Case Management Statement

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March 15, 2016
April 5, 2016

Initial Case Management Conference
1:30 p.m. - 1301 Clay Street, Oakland CA 94612

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March 22, 2016

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11/13/15
Dated: _________

____________________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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3:15-cv-04880 KAW
Expedited Motion For Relief from Case Mgmt Schedule

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