San Francisco Baykeeper v. Mission Trail Waste Systems, Inc.

Filing 6

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES 5 . Case Management Conference set for 12/2/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Case management statement including consent or declination to proceed before a magistrate judge due one week prior to the CMC. Signed by Judge Nathanael Cousins on 10/6/2015. (lmh, COURT STAFF) (Filed on 10/6/2015)

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Erica A. Maharg (Bar No. 279396)
George Torgun (Bar No. 222085)
SAN FRANCISCO BAYKEEPER
1736 Franklin St., Suite 800
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
SAN FRANCISCO BAYKEEPER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION

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SAN FRANCISCO BAYKEEPER, a non-profit
corporation,

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Plaintiff,
v.
MISSION TRAIL WASTE SYSTEMS, INC.,
Defendant.

Civil No. 5:15-cv-3465
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES; ORDER
(Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq.)

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Magistrate Judge Nathanael M. Cousins

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WHEREAS, on July 28, 2015, Plaintiff San Francisco Baykeeper (“Baykeeper”) filed the
above-entitled action;
WHEREAS, Plaintiff’s deadline to serve the complaint on Defendant Mission Trail Waste
Systems, Inc. (“Mission Trail”) is November 25, 2015, pursuant to Fed. R. Civ. P. 4(m);
WHEREAS, Plaintiff has thus far refrained from serving the complaint while Plaintiff and

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Mission Trail (collectively, the “Parties”) work together in good faith to reach a settlement agreement

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that would avoid the need for litigation;

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WHEREAS, the Court’s Order Setting the Initial Case Management Conference and ADR
Deadlines (“Scheduling Order”) set the Initial Case Management Conference in this matter for October
28, 2015 at 10:00 am.
WHEREAS, the Scheduling Order states that if the Initial Case Management Conference is
continued, the other deadlines in the Scheduling Order are continued accordingly.
WHEREAS, the Parties desire to continue informal negotiations in good faith, and anticipate
reaching a final settlement in this action within the next eight (8) weeks;

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WHEREAS, Plaintiff requests, upon the Court’s approval, to reschedule the Case Management
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Conference for December 2, 2015, at 10:00 a.m., or at such later date that is convenient for the Court,
in order to give the Parties a chance to complete settlement negotiations without involving the
resources of the Court;
WHEREFORE, Plaintiff respectfully requests the Court to approve and enter the Proposed
Order below.
Dated: October 6, 2015

Respectfully Submitted,

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/s/ Erica A. Maharg

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Erica A. Maharg
Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE, Case No. 5:15-cv-3465

ORDER

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GOOD CAUSE APPEARING,
1. The Case Management Conference shall be continued to December 2, 2015 at 10:00 am.

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2. The ADR certifications and stipulations to the ADR process or notices of need for an ADR

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phone conference shall be filed no later than one week before the Case Management

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Conference.

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3. The Parties’ Rule 26(f) Report and Joint Case Management Statement shall be filed no later
than one week before the Case Management Conference.
4. The Parties shall make initial disclosures or state objections in their Rule 26(f) Report no later
than one week before the Case Management Conference.
5. The Parties must file their consent or declination to proceed before a magistrate judge no later
than one week before the Case Management Conference.

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IT IS SO ORDERED.

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DATE: October 6, 2015

NORTHERN DISTRICT OF CALIFORNIA

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DISTRI

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_________________________________
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Honorable Nathanael M. Cousins
United States Magistrate Judge

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE, Case No. 5:15-cv-3465