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United States of America v. Bradley Mining Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 7, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRADLEY MINING COMPANY, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Thelton E. Henderson, Judge United States District Court

IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice ROBERT D. MULLANEY (Cal. Bar No. 116441) Senior Counsel Environmental Enforcement Section U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: (415) 744-6491 Fax: (415) 744-6476 E-mail: Robert.Mullaney@usdoj.gov Attorneys for Plaintiff United States of America

JOINT STATUS REPORT, STIPULATION, AND [PROPOSED] ORDER

with the Court, stating that the parties had not yet finalized the terms of a settlement regarding 3 land transfer but that the parties continued to make substantial progress. Docket No. 63 at 2.

Management Conference and requiring the parties to provide a joint report on case status, 6 prospects of settlement, and case management scheduling by January 7, 2011. Docket No. 64 at The proposed settlement encompasses disbursement of insurance proceeds, division of annual income, land transfer, and covenants associated with the proposed settlement agreement.

California, for lot-line adjustments at the Sulphur Bank Site in advance of the proposed transfer 12 under the draft settlement agreement of certain properties held by the Defendants. The United States is also conferring with Lake County officials to ensure that the parties meet the County's 14 requirements for the lot-line adjustments. Reflecting the preparatory work done at the Sulphur Bank Site, the parties continued to negotiate and to exchange draft settlement documents regarding the specific requirements of the proposed settlement relating to insurance proceeds, 17 division of annual income, and covenants. In addition, the parties are working toward an 18 agreement concerning land use issues at the Stibnite Mine Site. The parties continue to make 19 progress toward reaching a final agreement among the United States, the Settling Defendants, 20 and the Elem Tribe.

Court to: (1) stay all proceedings in this matter, with the exception of any further mediation-23 related proceedings, until the continued Initial Case Management Conference; and (2) continue 24 the Initial Case Management Conference until May 9, 2011, so that the parties may conclude 25 settlement negotiations regarding the terms of a proposed consent decree. The parties propose to 26 report to the Court by April 8, 2011, regarding case status, prospects of settlement, and case 27 management scheduling, if needed.

On October 4, 2010, the parties filed a joint status report, stipulation, and proposed order Pursuant to the stipulation, this Court entered an Order staying proceedings until the Initial Case

4. The parties hereby submit this report in response to the Court's Order.

The United States is working with the Defendants and a surveyor to apply to Lake County, As provided in the proposed Order below, the parties jointly stipulate and request the [proposed] Order has been obtained from Mr. Jon K. Wactor, the attorney for Defendants

Dated: January 6, 2011

IT IS SO STIPULATED.

I attest that concurrence in the filing of this Joint Status Report, Stipulation, and Bradley Mining Company and Frederick Bradley, Trustee for the Worthen Bradley Family Trust.

Robert D. Mullaney

Environmental Enforcement Section

Jon K. Wactor

Wactor & Wick LLP

(1) all proceedings in this matter, with the exception of any further mediation-related

(2) the Initial Case Management Conference, which is currently set for 1:30 p.m. on that is set by the Court;

(3) the United States' response to the counterclaims is not due until July 8, 2011, or 60 days

(4) Bradley Trust's motion for summary judgment, currently scheduled for hearing on March 28

GOOD CAUSE APPEARING, IT IS ORDERED that: proceedings, shall be stayed until the continued Initial Case Management Conference;

February 7, 2011, shall be continued until May 9, 2011, at 1:30 p.m., or a date thereafter after the date set by the Court for the continued Initial Case Management Conference;

7, 2011, shall be continued until 10 a.m. on June 13, 2011; and

(5) the parties shall provide a joint report to the Court on case status, prospects of settlement, and case management scheduling, if needed, by April 8, 2011.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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© 1992-2011 VersusLaw Inc.



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