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

Filing 9

ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES 8 . Case Management Conference set for 1/6/2016 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 11/25/2015. (lmh, COURT STAFF) (Filed on 11/25/2015)

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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-03465-NC
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES; [PROPOSED]
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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Plaintiff San Francisco Baykeeper (“Baykeeper”) and Defendant Mission Trail Waste Systems,

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Inc. (“Mission Trail”) respectfully submit this stipulation as follows:

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WHEREAS, Baykeeper and Mission Trail (collectively, the “Parties”) have been working
together in good faith to reach a settlement in this action;

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WHEREAS, the Court’s Order Setting the Initial Case Management Conference and ADR

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Deadlines (“Scheduling Order”) set the Initial Case Management Conference in this matter for October
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28, 2015 at 10:00 am;
WHEREAS, the Scheduling Order states that if the Initial Case Management Conference is

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continued, the other deadlines in the Scheduling Order are continued accordingly;
WHEREAS, on October 6, 2015, the Court, in response to Baykeeper’s request, continued the

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Case Management Conference to December 2, 2015;
WHEREAS, the Parties have continued settlement discussions but have not yet reached a final

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agreement;

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WHEREAS, the Parties desire to continue informal negotiations in good faith, and anticipate
reaching a final settlement in this action within the next five (5) weeks;

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NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

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1.

The Case Management Conference shall be continued to January 6, 2016, at 10:00 a.m.,

or at such later date that is convenient for the Court;

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2.

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

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ADR phone conference shall be filed no later than one week before the Case Management Conference.
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3.

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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.

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The Parties shall make initial disclosures or state objections in their Rule 26(f) Report no

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later than one week before the Case Management Conference.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE, Case No. 5:15-cv-03465-NC

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Dated: November 23, 2015

/s/ Erica A. Maharg

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Erica A. Maharg
Attorney for Plaintiff
SAN FRANCISCO BAYKEEPER

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Respectfully Submitted,

Dated: November 23, 2015

/s/ Michael V. Brady

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Michael V. Brady
Attorney for Defendant
MISSION TRAIL WASTE SYSTEMS, INC.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE, Case No. 5:15-cv-03465-NC

[PROPOSED] ORDER

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GOOD CAUSE APPEARING,
January 6, 2016
1. The Case Management Conference shall be continued to ____________________________, 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 phone

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

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3. The Parties’ Rule 26(f) Report and Joint Case Management Statement shall be filed no later than

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,
one week before the Case Management Conference. including defendant's consent/declination.
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.
IT IS SO ORDERED.

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November 25, 2015
DATE: ________________________

M. Cousin

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thanael
Judge Na

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_________________________________
TED
Honorable Nathanael M. Cousins
GRAN
United States District Court

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NORTHERN ES
TDISTRICT OF CALIFORNIA

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE, Case No. 5:15-cv-03465-NC