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United States of America v. Bradley Mining Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 11, 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 continued to make substantial progress toward a reaching 3 a final agreement but had not yet finalized the terms of a settlement. Docket No. 65 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 April 8, 2011. Docket No. 66 at 4. 7

The proposed settlement encompasses disbursement of insurance proceeds, division of

9 annual income, land transfer, covenants, the scope of releases, and deed notice provisions for the 10

Stibnite Mine site. On March 21, 2011, counsel for Bradley Mining and Bradley Trust requested 11 a meeting between his clients and the person at the Environmental Protection Agency ("EPA") 12

Region 9 who would be responsible for approving the settlement. The meeting was requested to 13 discuss unresolved settlement terms that have remained points of contention between the parties 14 since an exchange of settlement documents in February 2011. As the United States explained to 15

Bradley's counsel on March 23, Jane Diamond, the Director of the Superfund Division, has the 16 authority and responsibility to approve any settlement for EPA Region 9. However, she would 17 not be back in the office until after April 8, 2011, the filing deadline for this joint status report. 18

Pursuant to the Court's Order, all proceedings in this matter, with the exception of any further mediation-related proceedings, are stayed until the Initial Case Management Conference, 21 which is currently set for 1:30 p.m. on May 9, 2011. Docket No. 66 at 3. At this point, the 22 parties are seeking to discuss and resolve the remaining issues between them, and a meeting 23 among the decision makers is scheduled to take place on April 28. Under these circumstances, 24 the parties would like to request from the Court an additional stay of litigation and a continuance 25 of the Initial Case Management Conference and other deadlines. 26

I attest that concurrence in the filing of this Joint Status Report, Stipulation, and [proposed] Order has been obtained from Mr. Jon K. Wactor, the attorney for Defendants

On January 6, 2011, 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 5

The parties hereby submit this report in response to the Court's Order. 8

On April 7, the parties agreed that Defendants will meet with Ms. Diamond on April 28, 2011. 19

IT IS SO STIPULATED.

(1) all proceedings in this matter, with the exception of any further mediation-related 18

(2) the Initial Case Management Conference, which is currently set for May 9, 2011, at 1:30 20 set by the Court;

(3) the United States' response to the counterclaims is not due until November 14, 2011, or 23 Conference;

(4) Bradley Trust's motion for summary judgment, currently scheduled for hearing at 10 a.m. 26 the date set by the Court for the continued Initial Case Management Conference; and

(5) the parties shall provide a joint report to the Court on case status, prospects of settlement,

GOOD CAUSE APPEARING, IT IS ORDERED that:

proceedings, shall be stayed until the continued Initial Case Management Conference; p.m., shall be continued until September 12, 2011, at 1:30 p.m., or a date thereafter that is

60 days after the date set by the Court for the continued Initial Case Management

on June 13, 2011, shall be continued until 10 a.m. on March 12, 2012, or six months after

and case management scheduling, if needed, by August 5, 2011.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

TES DISTRI T T

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N Thelton E. Henderson

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20110411

© 1992-2011 VersusLaw Inc.



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