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California Sportfishing Protection Alliance, A Non-Profit v. Shamrock Materials

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 27, 2011

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PETALUMA RIVER COUNCIL, AN UNINCORPORATED ASSOCIATION, PLAINTIFFS,
v.
SHAMROCK MATERIALS, INC., A CORPORATION; CORTO MENO SAND AND GRAVEL, LLC, A LIMITED LIABILITY COMPANY, CORTO MENO SAND AND GRAVEL II LLC, A LIMITED LIABILITY COMPANY,
DEFENDANTS.

The opinion of the court was delivered by: The Hon. Magistrate Judge Maria-Elena James

STIPULATION AND [PROPOSED] ORDER ESTABLISHING A BRIEFING SCHEDULE FOR MOTION TO DISMISS AND FOR EXTENDING THE DEADLINE FOR INITIAL DISCLOSURES

Hearing Date: n/a Time: n/a Courtroom: B, 15th Floor

WHEREAS, on May 26, 2011, Plaintiffs California Sportfishing Protection Alliance and Petaluma River Council filed their Complaint for Declaratory and Injunctive Relief and Civil 3 Penalties ("Complaint"); 4

WHEREAS, on August 10, 2011, Plaintiffs served a notice of the lawsuit and request for 5 waiver of service of summons on each of the Defendants; 6 WHEREAS, on August 11, 2011, Defendants Shamrock Materials, Inc., Corto Meno Sand 7 and Gravel, LLC, and Corto Meno Sand and Gravel II, LLC waived service of the complaint and 8 summons; 9 WHEREAS, Defendants' answer or response to the Complaint is due on or before 10 October 10, 2011; 11

WHEREAS, Defendants intend to respond to the Complaint by filing a motion to dismiss 12 on October 10, 2011 with a hearing date set for November 17, 2011 or as soon thereafter as the 13 motion can be heard by the Court; 14 WHEREAS, in order to accommodate the existing schedules and hearings in other 15 matters being handled by counsel, the parties wish to adjust the deadlines for Plaintiffs' response 16 and Defendants' reply to the motion to dismiss; 17 WHEREAS, Defendants have requested and CSPA has consented to an extension of the 18 date by which initial disclosures pursuant to Federal Rules of Civil Procedure, Rule 26 are to be 19 exchanged by the parties; 20

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, 21 through their respective counsel:

1. That a motion to dismiss and accompanying brief in support thereof by Defendants 23 be filed and served not later than October 10, 2011, setting a hearing date of November 17, 2011 24 or as soon thereafter as the motion can be heard by the Court; 25

2. That Plaintiffs' opposition to the motion to dismiss be filed and served not later 26 than October 26, 2011; in accordance with Civil Local Rule 7;

3. That Defendants' reply brief in support of the motion to dismiss be filed and served not later than November 3, 2011; in accordance with Civil Local Rule 7;

4. That the parties exchange their initial disclosures pursuant to Rule 26(a)(1) on or 3 before December 16, 2011. 4

Dated: September 23, 2011 Respectfully submitted, 5 LOZEAU DRURY LLP 6 7 By: /s/ Michael R. Lozeau Michael R. Lozeau* Attorneys for Plaintiffs California Sportfishing Protection Alliance and Petaluma River Counsel 8 9 10 Dated: September 23, 2011 Respectfully submitted, 11 PARTON | SELL | RHOADES 12 13 By: /s/ James E. Sell James E. Sell William R. Fenner Attorneys for Defendants Shamrock Materials, Inc., Corto Meno Sand and Gravel LLC, and Corto Meno Sand and Gravel II LLC

*I hereby attest that I have on file all holograph signatures for any signatures indicated by a 18 "conformed" signature (/S/) within this efiled document. 19 20

PURSUANT TO STIPULATION, IT IS SO ORDERED. 21

Magistrate Judge Maria-Elena James

20110927

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