Montara Water & Sanitary District v. County of San Mateo

Filing 61

ORDER GRANTING re 60 Joint Request to be Exempt from Formal ADR Process. Signed by Judge Jeremy Fogel on 10/14/08. (dlm, COURT STAFF) (Filed on 10/15/2008)

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division CHARLES M. O'CONNOR (SBN 56320) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Intervenor United States of America

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Each of the undersigned certifies that he or she has read either the handbook entitled "Dispute Resolution Procedures in the Northern District of California," or the specified portions of the ADR Unit's Internet site <www.adr.cand.uscourts.gov>, discussed the available dispute resolution options provided by the court and private entities, and considered whether this case might benefit from any of them. Here, the parties agree that referral to a formal ADR process will not be beneficial at this time because in May 2008, the parties participated in a full day mediation session with the assistance of the Hon. Zerne P. Haning, III, JAMS mediator. The parties do not believe further MONTARA WATER AND SANITARY DISTRICT, ) ) ) Plaintiff, ) ) v. ) ) COUNTY OF SAN MATEO, a political ) subdivision of the State of California; and ) DOES 1 to 20, inclusive, ) ) Defendants. ) ____________________________________) ) ) UNITED STATES OF AMERICA, ) ) Intervenor. No. C 08-2814 JF (RS)

PARTIES' JOINT REQUEST TO BE EXEMPT FROM FORMAL ADR ------------PROCESS and [Proposed] ORDER

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ADR participation will aid resolution of the matter. Further, given the substance of the action and the lack of any potential middle ground, additional ADR procedures will only serve to multiply the proceedings and unnecessarily tax court resources. Accordingly, pursuant to ADR L.R. 3-3(c), the parties request the case be removed from the ADR Multi-Option Program and that they be excused from participating in the ADR phone conference and any further formal ADR process. Respectfully submitted, LAW OFFICES OF HERMAN H. FITZGERALD

Dated: October 14, 2008

/s/ HERMAN H. FITZGERALD Attorneys for Plaintiff

MICHAEL P. MURPHY County Counsel

Dated: October 14, 2008 16 17

/s/ DAVID A. LEVY, Deputy GLENN M. LEVY, Deputy Attorneys for Defendant

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REQUEST AND ORDER EXEMPTING PARTIES FROM FORMAL ADR PROCESSES -2C 08-2814 JF (RS)

1 2 3 Dated: October 14 , 2008 4 5

JOSEPH P. RUSSONIELLO United States Attorney

/s/ CHARLES M. O'CONNOR Assistant United States Attorney Attorneys for Intervenor

6 7 ORDER 8 PURSUANT TO THE FOREGOING REQUEST AND TO ADR L.R. 3-3(c), IT IS SO 9 ORDERED. 10 IT IS FURTHER ORDERED that the parties are hereby removed from the ADR 11 Multi-Option Program and are excused from participating in the ADR phone conference and any 12 further formal ADR process. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
REQUEST AND ORDER EXEMPTING PARTIES FROM FORMAL ADR PROCESSES -3C 08-2814 JF (RS)

14 Dated: October__, 2008 JEREMY FOGEL UNITED STATES DISTRICT JUDGE