Opinion
ANDREW L. PACKARD (SBN 168690) LAURIE A. MIKKELSEN (SBN 260313) Law Offices of Andrew L. Packard Petaluma, CA, Tel: (707) 763-7227 Fax: (707) 763-9227 E-mail: Andrew@PackardLawOffices.com Attorneys for Plaintiff California Sportfishing Protection Alliance.
KAMALA D. HARRIS, Attorney General of California, ROBERT W. BYRNE, Senior Assistant Attorney General, GAVIN G. McCABE Supervising Deputy Attorney General, ELLYN S. LEVINSON (SBN 77176) DANIEL S. HARRIS (SBN 157433) Deputy Attorneys General, San Francisco, CA, Telephone: (415) 703-5530 Fax: (415) 703-5480 E-mail: Daniel.Harris@doj.ca.gov Attorneys for Defendant Jeffrey Beard, in his official Capacity as Secretary of the California Department of Corrections and Rehabilitation.
STIPULATION AND [PROPOSED] ORDER FOR STAY (Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.)
GARIAND E. BURRELL, Jr., Senior District Judge.
Plaintiff California Sportfishing Protection Alliance (CSPA) and Defendant Jeffrey Beard, in his official capacity as Secretary of the California Department of Corrections and Rehabilitation (CDCR), hereby stipulate to and respectfully request that, pursuant to the following terms, the Court continue its July 4, 2013 order (filed on July 8, 2013 as Document No. 7) staying all proceedings in this case. The parties so stipulate to conserve their resources pending ongoing settlement negotiations to address the discharges alleged in the Complaint.
Pursuant to this stipulation and order, and without waiving any rights, claims or defenses the parties may have as of the date of this stipulation, the parties agree that, except for settlement negotiations and related activities (e.g., voluntary exchange of information and site visits), the above-captioned matter is stayed for all purposes for thirty (30) days from the date of the Court's order. This stay may be extended by stipulation or motion.
In connection with the parties' settlement negotiations, the parties agree that, by September 20, 2013, CDCR shall provide a written response to CSPA's August 30, 2013 settlement proposal, with CSPA providing any written response to CDCR by September 27, 2013, and CDCR providing any further written response to CSPA by October 4, 2013. These settlement negotiation deadlines may be modified by stipulation.
The parties also agree, subject to Court approval, (1) to continue the Status Conference presently scheduled for October 28, 2013 at 9:00 a.m. in Courtroom 10 to December 2, 2013 at 9:00 a.m. in Courtroom 10 of the above court, or to such date and time thereafter that is convenient for the Court; (2) that the Joint Status Conference Report presently due by October 14, 2013 shall be filed no later than fourteen (14) days prior to the new Status Conference; and (3) to continue all other filings and/or requirements in the Federal Rules of Civil Procedure and the Local Rules related to or triggered by the October 28, 2013 Status Conference, if any, to new dates based on the new Status Conference date herein.
Pursuant to the above Stipulation of the parties, IT IS HEREBY ORDERED AS FOLLOWS:
1. This matter is stayed for all purposes except settlement negotiations and related activities until October 14, 2013.
2. The Status Conference presently scheduled for October 28, 2013 at 9:00 a.m. in Courtroom 10 is hereby continued to December 9, 2013 at 9:00 a.m. in Courtroom 10 of the above court, or to such date and time thereafter that is convenient for the Court. The Joint Status Conference Report shall be due fourteen (14) days prior to the Status Conference. All other filings and/or requirements in the Federal Rules of Civil Procedure and the Local Rules related to or triggered by the October 28, 2013 Status Conference, if any, are hereby continued to new dates based on the new Status Conference date herein.