Opinion
CASE NO. C11-00976
10-18-2011
GLOBAL COMMUNITY MONITOR, a non-profit corporation, Plaintiff, v. ALAMEDA COUNTY INDUSTRIES, INC., a corporation, Defendants
BRADY & VINDING By: Michael V. Brady Attorneys for Defendant ALAMEDA COUNTY INDUSTRIES, INC., a corporation LOZEAU DRURY LLP By: Douglas J. Chermak Attorneys for Plaintiff GLOBAL COMMUNITY MONITOR
MICHAEL V. BRADY (SBN 146370)
BRADY & VINDING
Attorneys for Defendant
ALAMEDA COUNTY INDUSTRIES, INC.,
a corporation
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
On September 16, 2011 the parties to this action filed a "Notice of Settlement and [Proposed] Order to Continue Case Management Conference" and the Court subsequently continued the Case Management Conference to December 2, 2011 and set November 16, 2011 as the date for filing of either a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void. The purpose for the proposed order was to allow the United States Department of Justice and the United States Environmental Protection the time necessary to review and approve the settlement pursuant to 40 C.F.R. § 135.5 and 33 U.S.C. § 1365(c). On Friday, October 14, 2011 the Department of Justice informed Plaintiff that such review would not be complete until November 28, 2011.
Given this date and the necessity of the statutorily mandated 45-day review period, the parties request that December 2, 2011 be set as the date by which a Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void, must be filed. Thus, the parties jointly request the Case Management Conference, currently set for December 2, 2011, be rescheduled to December 16, 2011.
Respectfully submitted,
BRADY & VINDING
By: Michael V. Brady
Attorneys for Defendant
ALAMEDA COUNTY INDUSTRIES, INC.,
a corporation
LOZEAU DRURY LLP
By: Douglas J. Chermak
Attorneys for Plaintiff
GLOBAL COMMUNITY MONITOR
[PROPOSED] ORDER
Pursuant to stipulation and for good cause shown:
IT IS HEREBY ORDERED that the Parties' Stipulation for Approval of Settlement Agreement and Dismissal of Plaintiff's Claims or a Notice that the settlement is null and void be filed by December 2, 2011 and
IT IS FURTHER ORDERED that the Case Management Conference scheduled for December 2, 2011 is continued to December 16, 2011.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Judge Edward M. Chen
United States District Judge