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Ecological Rights Foundation v. Pacific Gas and Electric Company.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 13, 2011

ECOLOGICAL RIGHTS FOUNDATION,
PLAINTIFF,
v.
PACIFIC GAS AND ELECTRIC COMPANY.
DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

*E-Filed 10/13/11*

STIPULATION AND [PROPOSED] ORDER REGARDING CASE MANAGEMENT SCHEDULE

In accord with the Court's directive at the October 6, 2011 case management conference and Civil Minute Order (Oct. 6, 2011) (Docket Doc. No. 176), Ecological Rights Foundation ("ERF") 3 and Pacific Gas & Electric Company ("PG&E") stipulate to and jointly propose the following case 4 management schedule for managing the next phases of litigation (which shall be limited to 5 adjudicating liability and remedy for the four PG&E facilities located at: (a) 24300 Clawiter Road, 6 Hayward, California; (b) 4801 Oakport Street, Oakland, California; (c) 2555 Myrtle Avenue, 7 Eureka, California; and (d) 1099 West 14th Street, Eureka, California ("the Facilities"): standing due.

expert reports) from any experts that it will use to support its motion for summary judgment 15 concerning liability for ERF's Clean Water Act ("CWA") claims.

17 expert reports and rebuttal expert reports) from any experts that it will use to support its cross 18 motion for summary judgment concerning liability for ERF's CWA claims. 19

20 reports) from any rebuttal experts that it will use to respond to PG&E's CWA liability experts. 21

22 or personnel who assisted the parties' CWA experts or were relied upon by these experts (including 23 but not limited to people who assisted in gathering or analyzing samples or provided information to 24 the experts concerning whether storm water runoff from the Facilities reaches waters of the United 25 States).

claims due.

--October 27, 2011: Cross motions for summary judgment on standing due.

--November 10, 2011: Oppositions to cross motions for summary judgment on standing due.

--November 25, 2011: Replies in support of cross motions for summary judgment on

--December 8, 2011, 10 A.M.: Hearing on cross motions for summary judgment on standing.

--January 19, 2012: Deadline for ERF to provide Rule 26 expert disclosures (including

--February 16, 2012: Deadline for PG&E to provide Rule 26 expert disclosures (including

--March 8, 2012: Deadline for ERF to provide Rule 26 expert disclosures (including expert

--April 26, 2012: Cutoff to complete discovery concerning any expert disclosures of experts

--June 14, 2012: Cross motions for summary judgment on liability related to ERF's CWA

--July 26, 2012: Oppositions to cross motions for summary judgment on liability related to ERF's CWA claims and evidentiary motions related to cross motions for summary judgment on 2 liability related to ERF's CWA claims due. 3

related to ERF's CWA claims and oppositions to evidentiary motions related to cross motions for 5 summary judgment on liability related to ERF's CWA claims due.

summary judgment on liability related to ERF's CWA claims due.

liability related to ERF's CWA claims.

August 16, 2012: Replies in support of cross motions for summary judgment on liability September 6, 2012: Replies in support of evidentiary motions related to cross motions for --September 20, 2012, 10 A.M.: hearing on cross motions for summary judgment on For a subsequent case schedule on ERF's Resource Conservation and Recovery Act ("RCRA") claim and on remedy, the parties jointly propose a schedule tied to the Court's issuance 12 of a ruling on the parties cross motions for summary judgment on liability related to ERF's CWA 13 claims ("CWA Claims Ruling") as follows: --10 weeks after the CWA Claims Ruling: Deadline for ERF to provide Rule 26 expert disclosures (including expert reports) from any experts that it will use to support its motion for 16 summary judgment or trial claims concerning ERF's RCRA claim and remedy for the RCRA and 17 CWA claims ("Remaining Claims").

disclosures (including expert reports and rebuttal expert reports) from any experts that it will use to 20 support its cross motion for summary judgment or trial claims concerning the Remaining Claims. 21 disclosures (including expert reports) from any rebuttal experts that it will use to respond to --16 weeks after the CWA Claims Ruling: Deadline for PG&E to provide Rule 26 expert --20 weeks after the CWA Claims Ruling: Deadline for ERF to provide Rule 26 expert PG&E's Remaining Claims experts.

expert disclosures or experts or personnel who assisted the parties' related to the Remaining Claims 26 or were relied upon by these experts.

--30 weeks after the CWA Claims Ruling: Cutoff to complete discovery concerning any --39 weeks after the CWA Claims Ruling: Cross motions for summary judgment on the Remaining Claims due.

--45 weeks after the CWA Claims Ruling: Oppositions to cross motions for summary judgment on the Remaining Claims and evidentiary motions related to cross motions for summary 3 judgment on the Remaining Claims due. 4

--49 weeks after the CWA Claims Ruling: Replies in support of cross motions for summary 5 judgment on the Remaining Claims and oppositions to evidentiary motions related to cross motions 6 for summary judgment on the Remaining Claims due. 7

--52 weeks after the CWA Claims Ruling: replies in support of evidentiary motions related 8 to cross motions for summary judgment on the Remaining Claims due. 9 --55 weeks after the CWA Claims Ruling, 10 A.M.: hearing on cross motions for summary 10 judgment on the Remaining Claims.

PROPOSED ORDER

2

Having considered the foregoing Stipulation, and good cause appearing, the Court hereby

GRANTS the Stipulation and orders that the case shall proceed on the above-referenced schedule. 4 5

PURSUANT TO STIPULATION, IT IS SO ORDERED. 6 7

Dated: ________________, 2011

20111013

© 1992-2011 VersusLaw Inc.



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