Case 3:08-cv-02141-WHA
Document 23
Filed 08/21/2008
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Cameron S. Kirk, Esq. (SB# 108013) Karin P. Beam, Esq. (SB# 112331) SPAULDING McCULLOUGH & TANSIL LLP 90 South E Street, Suite 200 P.O. Box 1867 Santa Rosa, CA 95402 Telephone: (707) 524-1900 Facsimile: (707) 524-1906 [email protected]; [email protected] Attorneys for Defendant REDWOOD OIL COMPANY, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
NORTHERN CALIFORNIA RIVER WATCH, a Case No.: 4:08-cv-02141-CW Non-Profit Corporation, Plaintiff, RESPONSE REGARDING REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP BETWEEN CASES
13 vs. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 REDWOOD OIL COMPANY, INC. and DOES 1-10, inclusive, Defendants.
With regard to the question at bench, whether the pending the litigation between Northern California River Watch and Redwood Oil Company, Inc. is related to the case No. C99-4610WHA, Redwood Oil Company, Inc. submits that both matters pertain to disputes between the same parties and deal with the same real property. However, the Consent Decree and Order filed in the earlier action is, by in its own terms, no longer effective. The Consent Decree described a seven year time period for the Court to have continuing jurisdiction over disputes arising out of the settlement of case No. C99-4610WHA. The Consent Decree is terminated, and that continuing jurisdiction no longer exists. Otherwise, Redwood Oil Company, Inc. appreciates the Court's consideration of the "related case" analysis.
RESPONSE REGARDING REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP BETWEEN CASES Case No. C08-02141 CW
Case 3:08-cv-02141-WHA
Document 23
Filed 08/21/2008
Page 2 of 2
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DATED: August 21, 2008
Respectfully submitted, SPAULDING McCULLOUGH & TANSIL LLP Attorneys for Defendant REDWOOD OIL COMPANY, INC.
By:
/s/ Karin P. Beam Karin P. Beam
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RESPONSE REGARDING REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP BETWEEN CASES Case No. C08-02141 CW