The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell,
Michael R. Lozeau (State Bar No. 142893)
Richard T. Drury (State Bar No. 163559)
Christina M. Caro (State Bar No. 250797)
firstname.lastname@example.org LOZEAU DRURY LLP 410 12th Street, Suite
250 Oakland, CA 94607
Tel: (510) 836-4200
Fax: (510) 836-4205 (fax)
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
Jeffory J.Scharff (State Bar No. 137620)
email@example.com 2625 Fair Oaks Blvd., Suite 7 Sacramento, CA
95864 Telephone: 916/485-5700 Facsimile: 916/485-5912
Attorneys for Defendant
DAVIS WASTE REMOVAL CO., INC.
PARTIES' STIPULATED REQUEST TO EXTEND CASE MANAGEMENT DATES AND ORDER
Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendant Davis Waste Removal Co., Inc. ("Davis Waste") submit this Stipulated Request To Extend Case Management Dates and Proposed Order to extend the existing case management deadlines in this matter to permit the Parties to continue pursuing settlement negotiations and, if necessary, complete discovery.
WHEREAS, on August 5, 2010, CSPA filed the instant Complaint against Defendant alleging ongoing violations of Sections 301(a) and 402(p) of the Clean Water Act, 33 U.S.C. § 1311(a) and 1342(p), due to discharges of polluted storm water from the Facility in violation of State Water Resources Control Board Water Quality Order No. 97-03-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities ("General Permit").
WHEREAS, on December 6, 2010, this Court issued its Status (Pretrial Scheduling) Order setting the following case management dates ("Existing Schedule"):
July 5, 2011 -- Complete initial expert witness disclosures;
August 4, 2011 -- Complete any contradictory and/or rebuttals to expert disclosures
December 21, 2011 -- Complete all expert and non-expert discovery;
February 21, 2012 (9:00 a.m.) -- last hearing date for motions (not including motions for continuances, temporary restraining orders, emergency applications, or motions under Rule 16(e) of the Federal Rules of Civil Procedure);
April 9, 2012 - Pretrial Statement due;
April 16, 2012 (1:30 p.m.) - Pretrial Conference;
July 17, 2012 (9:00 a.m.) -- Trial.
WHEREAS, the Parties are presently engaged in negotiating an informal settlement of this action. The Parties conducted an initial site inspection of the Davis Waste facility on August 27, 2010. On January 5, 2011, CSPA submitted an initial settlement proposal to Davis Waste, setting forth the steps CSPA believes necessary for Davis Waste to comply with the General Permit. Since that time, the Parties have engaged in telephone conferences to discuss settlement, and on April 18, 2011, CSPA submitted a further settlement proposal to Davis Waste reflecting the mutual settlement terms discussed during the telephone ...