Free Response in Support - District Court of California - California

Case 5:07-cv-03176-JF

Document 23

Filed 06/17/2008

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MICHAEL P. MURPHY, COUNTY COUNSEL (SBN 083887) David A. Levy, Deputy (SBN 077181) Glenn M. Levy, Deputy (SBN 219029) Hall of Justice and Records 400 County Center, 6th Floor Redwood City, CA 94063 Telephone: (650) 363-1965 Facsimile: (650) 363-4034 E-mail: [email protected]; [email protected] Attorneys for Defendant COUNTY OF SAN MATEO

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 MONTARA WATER AND SANITARY DISTRICT, 12 Plaintiff, 13 vs. 14 15 16 17 MONTARA WATER AND SANITARY DISTRICT, 18 Plaintiff, 19 vs. 20 21 22 23 24 THE UNITED STATES OF AMERICA, 25 Intervenor. 26 27 28
Case No. 5:07-cv-03176-JF NOTICE OF NON-OPPOSITION TO INTERVENOR UNITED STATES OF AMERICA'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

Case No. 5:07-cv-03176-JF

COUNTY OF SAN MATEO, a political subdivision of the State of California; and Does 1 to 20, inclusive, Defendants. Case No. 3:08-cv-02814-BZ NOTICE OF NON-OPPOSITION TO INTERVENOR UNITED STATES OF AMERICA'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED Date: n/a Time: n/a

COUNTY OF SAN MATEO, a political subdivision of the State of California; and Does 1 to 20, inclusive, Defendants.

Case 5:07-cv-03176-JF

Document 23

Filed 06/17/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 17, 2008

NOTICE OF NON-OPPOSITION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Notice is hereby given that Defendant County of San Mateo (the "County") does not oppose the administrative motion filed by Intervenor United States of America (the "United States") on June 13, 2008, to relate the pending action (Case No. 3:08-cv-02814-BZ) to the previous action involving substantially the same issues and the same plaintiff and defendant (Case No. 5:07-cv-03176-JF). As both the United States and Plaintiff Montara Water and Sanitary District ("MWSD") have noted in their papers, the present action arises out of the same dispute as the case that was previously removed to the United States District Court by the County. In light of the Honorable Jeremy Fogel's experience with the facts of this case from the earlier removal to Federal Court, the County agrees that Judge Fogel would be well-suited for addressing the present action. Accordingly, the County has no opposition to the motion filed by the United States.

Respectfully submitted, MICHAEL P. MURPHY, COUNTY COUNSEL David A. Levy, Deputy Glenn M. Levy, Deputy

By:

/s/ Glenn M. Levy, Deputy

Attorneys for Defendant COUNTY OF SAN MATEO

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NOTICE OF NON-OPPOSITION TO INTERVENOR UNITED STATES OF AMERICA'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED