Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-03547-WHA

Document 4-2

Filed 10/11/2007

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MICHAEL R. LOZEAU (State Bar No. 142893) DOUGLAS J. CHERMAK (State Bar No. 233382) Law Office of Michael R. Lozeau 1516 Oak Street, Suite 216 Alameda, CA 94501 Tel: (510) 749-9102 Fax: (510) 749-9103 (fax) E-mail: [email protected] ANDREW L. PACKARD (State Bar No. 168690) MICHAEL P. LYNES (State Bar No. 230462) Law Offices of Andrew L. Packard 319 Pleasant Street Petaluma, CA 94952 Tel: (707) 763-7227 Fax: (415) 763-9227 E-mail: [email protected] Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, vs. AARON METALS COMPANY, a corporation. Defendant. Case No. 3:07-cv-3547-WHA DECLARATION OF DOUGLAS J. CHERMAK IN SUPPORT OF CALIFORNIA SPORTFISHING PROTECTION ALLIANCE'S MOTION TO EXTEND THE CASE MANAGEMENT CONFERENCE

Conference: October 18, 2007 Time: 11:00 AM Courtroom: 9

I, DOUGLAS J. CHERMAK, do declare and if called to testify would testify as follows: 25 26 27 28 1. I am an attorney licensed to practice in the State of California and I represent Plaintiff

California Sportfishing Protection Alliance ("CSPA") in the above-entitled action.

DECLARATION OF DOUGLAS J. CHERMAK IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE CASE MANAGEMENT CONFERENCE

Case No. 3:07-cv-3547-WHA

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2.

On July 9, 2007, CSPA filed a complaint to initiate the above action. CSPA has not

yet served the complaint on the defendant, Aaron Metals Company ("Aaron Metals"), in order to

3 II facilitate ongoing settlement discussions.

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3.

Since filing the complaint, CSPA and Aaron Metals have engaged in confidential

settlement discussions, including a site inspection. The parties are close to reaching an agreement. 4. On September 29,2007, I had a phone meeting with Christine Noma, counsel for

Aaron Metals. We agreed that since we were close to reaching a resolution, it would make sense for the Court to extend the date for the Initial Case Management Conference while the parties finalize a settlement agreement. CSPA agreed to file the accompanying motion to ask for an extension. 5. On October 10, 2007, counsel for Defendant reviewed Plaintiff s motion and has

indicated that Defendant has no objection to it.

6.

Based on the likelihood of settlement, I believe that extending the date of the Initial

Case Management Conference will conserve both the Court's and the parties' resources. Pursuant to 28 U.S.C. § 1746 and under the laws of California, I declare under penalty of

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DECLARATION OF DOUGLAS J. CHERMAK IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE CASE MANAGEMENT CONFERENCE Case No. 3:07-cv-3547-WHA

perjury that the foregoing is true and correct. Executed this 11th day of October, 2007 in Alameda, California.

Dated: October 11,2007 DouglasvJ. Chermak Attorney for California Sportfishing Protection Alliance

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