Global Community Monitor v. Environmental Resource Recovery, inc

Filing 10

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 9 Stipulation filed by Environmental Resource Recovery, Inc. Signed by Judge Paul S. Grewal on October 6, 2011. (psglc1, COURT STAFF) (Filed on 10/7/2011)

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LAWRENCE P. RAMIREZ, (State Bar No. 141550)
LINDSEY R. ADAMS (State Bar No. 260600)
THE LITIGATION LAW GROUP
111 North Market Street, Suite 1010
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
ENVIRONMENTAL RESOURCE RECOVERY, INC.
Michael R. Lozeau (State Bar No. 142893)
Richard T. Drury (State Bar No. 163559)
Douglas J. Chermak (State Bar No. 233382)
LOZEAU DRURY LLP
1516 Oak Street, Suite 216
Alameda, CA 94501
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
GLOBAL COMMUNITY MONITOR
UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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GLOBAL COMMUNITY MONITOR, a non- Case No.: CV 11-02372 PSG
profit corporation
STIPULATION AND [ Proposed ]
Plaintiff,
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
ENVIRONMENTAL RESOURCE
RECOVERY, INC. dba VALLEY
RECYCLING, INC., a corporation

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Judge: Magistrate Judge Paul S. Grewal
CMC Date: October 11, 2011
Time: 2:00 PM

Defendant.
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-1STIPULATION AND [ Proposed ] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Case No.: CV 11-02372 PSG

WHEREAS Plaintiff GLOBAL COMMUNITY MONITOR filed its complaint in the

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above-entitled matter on May 13, 2011;

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WHEREAS Defendant ENVIRONMENTAL RESOURCE RECOVERY, INC. agreed to
a waiver of service of said complaint and service was completed on August 29, 2011;

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WHEREAS an answer or motion pursuant to Rule 12 in response to Plaintiff’s complaint

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is not due until October 28, 2011;

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WHEREAS this Court previously granted Plaintiff GLOBAL COMMUNITY

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MONITOR’s request to continue the Case Management Conference from August 2, 2011 at
2:00 PM to October 11, 2011 in light of ongoing efforts between the parties toward a settlement
arrangement;

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WHEREAS the parties continue their efforts to reach a settlement before moving forward
with litigation and have made further steps toward this end;

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WHEREAS the parties and their counsel do not wish to needlessly expend the time

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resources of the Court in a case that appears headed toward a cooperative resolution;

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WHEREAS efforts toward cooperative resolution would be best served with additional

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time to afford both more time to complete a settlement agreement and to submit it to the 45-day

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review period of the Environmental Protection Agency and Department of Justice pursuant to 40

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C.F.R. § 135.5;

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-2STIPULATION AND [ Proposed ] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Case No.: CV 11-02372 PSG

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IT IS HEREBY AGREED AND STIPULATED, that the Case Management Conference

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presently set for October 11, 2011 at 2:00 PM in this matter shall be continued to

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December 20, 2011 at 2:00 PM.

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IT IS SO STIPULATED.

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DATED: October 3, 2011

THE LITIGATION LAW GROUP
By: /s/ Lindsey R. Adams
Lawrence P. Ramirez, Esq.
Lindsey R. Adams, Esq.
ATTORNEYS FOR DEFENDANT
ENVIRONMENTAL RESOURCE
RECOVERY, INC.
(VALLEY RECYCLING)

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DATED: October 3, 2011

LOZEAU DRURY, LLP

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By:

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Douglas J. Chermak
Douglas J. Chermak
ATTORNEYS FOR PLAINTIFF
GLOBAL COMMUNITY MONITOR

(Counsel unavailable for physical signature;
Signature authorized via electronic mail as of
October 3, 2011 (See Adams Decl. ¶10.)

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-3STIPULATION AND [ Proposed ] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Case No.: CV 11-02372 PSG

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[ PROPOSED ] ORDER:

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PURSUANT TO STIPULATION IT IS SO ORDERED that the Case Management
Conference presently set for October 11, 2011 at 2:00 PM in this matter shall be continued to
December 20, 2011 at 2:00 PM.

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October 6, 2011
DATE: ____________________

Magistrate Judge Paul S. Grewal
United States Magistrate Judge

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-4STIPULATION AND [ Proposed ] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Case No.: CV 11-02372 PSG