The opinion of the court was delivered by: Thelton E. Henderson, Judge United States District Court
IGNACIA S. MORENO Assistant Attorney General 2 Environment and Natural Resources Division U.S. Department of Justice 3 LOREN REMSBERG 4 Trial Attorney Environmental Enforcement Section 5 U.S. Department of Justice 601 D Street, NW 6 Washington, DC 20004 Tel: (202) 514-3143 7 Fax: (202) 514-4180 E-mail: email@example.com 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. 43 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. 44 at 4. 7
The proposed settlement encompasses disbursement of insurance
proceeds, division of
annual income, land transfer, covenants, the scope of releases, and
deed notice provisions for the 10
On March 21, 2011, counsel for Bradley Mining and Bradley Trust,
requested a meeting
between his clients and the person at the Environmental Protection
Agency ("EPA") Region 9 13 who would be responsible for approving the
settlement. The meeting was requested to discuss 14 unresolved
settlement terms that have remained points of contention between the
parties since an 15 exchange of settlement documents in February 2011.
As the United States explained to
Bradley's counsel on March 23, Jane Diamond, the Director of the
Superfund Division, had the 17 authority and responsibility to approve
any settlement for EPA Region 9. However, she would 18 not be back in
the office until after April 8, 2011, the filing deadline for this
joint status report. 19
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, 22 which is currently set for 1:30 p.m. on
May 9, 2011. Docket No. 44 at 3. At this point, the 23 parties are
seeking to discuss and resolve the remaining issues between them, and
a meeting 24 among the decision makers is scheduled to take place on
April 28. Under these circumstances, 25 the parties would like to
request from the Court an additional stay of litigation and a
continuance 26 of the Initial Case Management Conference and other
Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-05501 TEH
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.
On April 7, the parties agreed that Defendants will meet with Ms. Diamond on April 28, 2011.
[proposed] Order has been obtained from Mr. Jon K. Wactor, the attorney ...