San Francisco Baykeeper v. City of Sunnyvale et al

Filing 5

ORDER Granting Plaintiff's request to continue Case Management Conference. Case Management Statement due by 10/1/2013. Case Management Conference continued to 10/8/2013 01:30 PM in Courtroom 2, 5th Floor, San Jose. Related deadlines adjusted accordingly. Signed by Magistrate Judge Howard R. Lloyd on August 19, 2013. (hrllc1, COURT STAFF) (Filed on 8/19/2013)

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*E-FILED: August 19, 2013* 1 2 3 4 5 6 7 8 Jayni Foley Hein (Bar No. 258261) Sejal Choksi-Chugh (Bar No. 222093) SAN FRANCISCO BAYKEEPER 785 Market Street, Suite 850 San Francisco, California 94103 Telephone: (415) 856-0444 Facsimile: (415) 856-0443 Email: jayni@baykeeper.org Email: sejal@baykeeper.org Attorneys for Plaintiff SAN FRANCISCO BAYKEEPER 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 SAN FRANCISCO BAYKEEPER, a nonprofit corporation, Plaintiff, 13 14 15 16 Case No. C-13-2425-HRL REQUEST TO RESCHEDULE THE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER vs. Judge: Hon. Howard R. Lloyd CITY OF SUNNYVALE, BAY COUNTIES WASTE SERVICES, Inc., and STEVENS CREEK QUARRY, Inc., Defendants. 17 18 19 20 21 22 23 WHEREAS, on May 29, 2013, Plaintiff San Francisco Baykeeper filed the above-entitled complaint; WHEREAS, Plaintiff’s deadline to serve the complaint is September 26, 2013, pursuant to Fed. Rule. Civ. P. 4(m); WHEREAS, Plaintiff has thus far refrained from serving the complaint while Plaintiff and 24 Defendant City of Sunnyvale (collectively referred to as the “Parties”) have worked together to reach 25 a settlement agreement that would avoid the need for litigation; 26 27 28 WHEREAS, the Parties are continuing to engage in settlement negotiations and hope to reach a settlement within the next two months. WHEREAS, the Initial Case Management Conference is scheduled for September 3, 2013, at Request to Reschedule the CMC; [Proposed] Order 1 Case No. C-13-2425-HRL 1 2 3 4 1:30 pm; WHEREAS, the Scheduling Order states that if the Initial Case Management Conference is continued, the other deadlines are continued accordingly; WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the Case 5 Management Conference for October 3, 2013, at 1:30 pm, or at such later date that is convenient for 6 the Court, in order to give the Parties a chance to complete settlement negotiations without involving 7 the resources of the Court; 8 9 10 11 12 WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the deadlines to file an ADR Certification and to file a Rule 26(f) Report to align with the new proposed Case Management Conference date; WHEREFORE, Plaintiff respectfully requests the Court to approve and enter the Proposed Order below. 13 14 Dated: August 13, 2013 Respectfully submitted, 15 SAN FRANCISCO BAYKEEPER 16 By: _/s/ Sejal Choksi-Chugh____________ Sejal Choksi-Chugh Attorney for Plaintiff SAN FRANCISCO BAYKEEPER 17 18 19 20 21 22 23 24 25 26 27 28 Request to Reschedule the CMC; [Proposed] Order 2 Case No. C-13-2425-HRL [PROPOSED] ORDER 1 3 IT IS HEREBY ORDERED that the Case Management Conference set for September 3, 2013, is 8 rescheduled for October 3, 2013, or such later date that is convenient for the Court, and all associated 4 deadlines be moved accordingly. 2 5 6 IT IS SO ORDERED. 7 NORTHERN DISTRICT COURT OF CALIFORNIA 8 9 August 19, 2013 Dated: __________________ 10 __________________________________________ United States Magistrate Judge HOWARD R. LLOYD 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Request to Reschedule the CMC; [Proposed] Order 3 Case No. C-13-2425-HRL

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