UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
April 11, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
BRADLEY MINING COMPANY,
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: firstname.lastname@example.org 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.
Stibnite Mine site. 11
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 for Defendant Bradley 4
Dated: April 8, 2011
IT IS SO STIPULATED.
I attest that concurrence in the filing of this Joint Status Report, Stipulation, and Mining Company. 5 Loren Remsberg
Environmental Enforcement Section
Jon K. Wactor
Wactor & Wick LLP
(1) all proceedings in this matter, with the exception of any further mediation-related 21
(2) the Initial Case Management Conference, which is currently set for May 9, 2011, at 1:30 23 set by the Court;
(3) the United States' response to the counterclaims is not due until November 14, 2011, or 26 Conference; and
(4) Bradley Trust's motion for summary judgment, currently scheduled for hearing at 10 a.m. Joint Status Report, Stipulation, and [Proposed] Order - Case No. 3-08-CV-05501 TEH
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 the date set by the Court for the continued Initial Case Management Conference.
(5) the parties shall provide a joint report to the Court on case status, prospects of settlement, and case management scheduling, if needed, by August 5, 2011.
PURSUANT TO STIPULATION, IT IS SO ORDERED. TES DISTRICT S
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