Opinion
Case Mgmt Conf.: August 18, 2015
Jack Silver, Esq. LAW OFFICE OF JACK SILVER, Jerry Bernhaut, Esq. Attorneys for Plaintiff, CALIFORNIA RIVER WATCH.
EXPEDITED MOTION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION OF JERRY BERNHAUT; [PROPOSED] ORDER [Civil L. R. 16-2(d)]
WILLIAM H. ORRICK, District Judge.
Plaintiff CALIFORNIA RIVER WATCH hereby moves for relief from the Court's Order of June 25, 2015 re-setting the Initial Case Management Conference and ADR Deadlines (Dkt #11) in that Plaintiff moves to further extend all deadlines for a period of sixty (60) days.
DECLARATION OF JERRY BERNHAUT
1. I am co-counsel for Plaintiff California River Watch herein, have personal knowledge of all matters stated herein, and, if called as a witness, could and would testify competently thereto.
2. A previous Expedited Motion for Relief was filed on behalf of Plaintiff on June 24, 2015 (Dkt # 10). At that time, the parties and their respective counsel were continuing in settlement discussions and had drafted a Settlement Agreement for presentation to Defendant's Board of Supervisors. The Court issued its Order (Dkt #11) further extending the deadlines set forth in the Order Setting Initial Case Management Conference and ADR Deadlines as follows:
Last day to:
• meet and confer re: initial disclosures, early - August 4, 2015 settlement, ADR process selection, and discovery plan
• file ADR Certification signed by Parties and Counsel
• file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
File Rule 26(f) Report, complete initial disclosures - August 11, 2015 and File Case Management Statement
Initial Case Management Conference - August 18, 2015 2:00 p.m. - Courtroom 2, 17th Floor, San Francisco.
3. Following the June 25, 2015 Order, Defendants were served with the Complaint in order to comply with the mandates of Rule 4. As the parties continue in the final stages of negotiations, Plaintiff agreed to extend the time within which Defendant may respond to the Complaint (served on Defendants on July 13, 2015) for a period of sixty (60) days. Defendant filed a Stipulation to that effect indicating that granting the Stipulation would change the dates currently set by the Court in its June 25, Order; and, advising the Court of the U.S. Department of Justice's 45-day review period required for any settlement reached, pursuant to 33 U.S.C. §1365(c)(3) (Dkt # 14). The Court issued its Order extending Defendant's deadline to respond to the Complaint to October 5, 2015.
4. In lieu of the above, I am requesting all deadlines be further extended for a period of sixty (60) days. The continuance requested will not hinder or harm any proceedings in this matter.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed in Santa Rosa, California on August 5, 2015.
[PROPOSED] ORDER
GOOD CAUSE APPEARING, it is hereby,
ORDERED, that the deadlines set forth in the Order Setting Initial Case Management Conference and ADR Deadlines be further extended as follows:
Last day to:
• meet and confer re: initial disclosures, early - October 05, 2015 settlement, ADR process selection, and discovery plan
• file ADR Certification signed by Parties and Counsel
• file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
Last day to file Rule 26(f) Report, complete initial - October 12, 2015 disclosures and File Case Management Statement
Initial Case Management Conference - October 20, 2015 2:00 p.m. - Courtroom 2, 17th Floor, San Francisco