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

Case 3:07-cv-03547-WHA

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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 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE'S UNOPPOSED MOTION TO EXTEND THE CASE MANAGEMENT CONFERENCE

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

Pursuant to Local Rules 16-2(d), Plaintiff California Sportfishing Protection Alliance ("CSPA") hereby requests that the Court extend the initial case management conference currently scheduled for October 18, 2007, for a period of about 70 days, until December 20, 2007, by which date the parties expect to file their stipulated request for dismissal which will very likely obviate the
PLAINTIFF'S MOTION TO EXTEND CASE MANAGEMENT CONFERENCE Case No. 3:07-cv-3547-WHA

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Case 3:07-cv-03547-WHA

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Filed 10/11/2007

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need for preparing either a case management order or Rule 26(f) Report. CSPA requests that the Court accept this motion and request in lieu of the formal Case Management Statement and Rule 26(f) Report required by the Court's case management order dated July 9, 2007. CSPA filed this complaint on July 9, 2007, but has yet to serve it on Defendant Aaron Metals Company ("Aaron Metals"). Declaration of Douglas J. Chermak, ¶ 2. In the interim, CSPA and

6 7 8 9 10 11 conference while the parties finalize a settlement agreement. Id at ¶ 4. Extending the date 70 days 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PLAINTIFF'S MOTION TO EXTEND CASE MANAGEMENT CONFERENCE Case No. 3:07-cv-3547-WHA

Aaron Metals have engaged in settlement discussions to resolve the issues in CSPA's complaint. Id. at ¶ 3. The parties are steadily making progress and are close to reaching a settlement agreement. Id. Counsel for both parties have conferred about the case schedule and the case management conference and agree that the Court should extend the date of the initial case management

will allow the parties to forward the settlement agreement to the United States Environmental Protection Agency and the United States Department of Justice to begin a 45-day review period by those agencies prescribed by Section 505(c)(3) of the Federal Water Pollution Control Act, 33 U.S.C. § 1365(c)(3). At the completion of that 45-day agency review period, the parties will file a stipulated request for dismissal requesting the court to maintain jurisdiction to enforce the terms of the settlement agreement. In light of the forthcoming settlement agreement and the need to allow the federal agencies 45 days to review the agreement, CSPA proposes the following revised case management schedule: Date 12/13/2007 Event Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement

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12/20/2007

Initial Case Management Conference

Should the case not be dismissed by December 13,2007, the parties shall file any necessary

311 case management statement and Rule 26(f) Report by December 13,2007. 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
PLAINTIFF'S MOTION TO EXTEND CASE MANAGEMENT CONFERENCE Case No. 3:07-cv-3547-WHA

Dated: October 11, 2007

Respectfully submitted,
LA W OFFICE OF MICHAEL R. LOZEAU

By: ouglasJn:fievma Attorney for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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