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California Sportfishing Protection Alliance, A Non-Profit Corporation v. the Scotts Company LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 31, 2012

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION,
PLAINTIFF,
v.
THE SCOTTS COMPANY LLC, A CORPORATION.
DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF CALIFORNIA SPORTFISHING PROTECTION ALLIANCE TO SERVE ITS COMPLAINT BY 60 DAYS

Plaintiff California Sportfishing Protection Alliance ("CSPA") and Defendant The Scotts Company LLC ("Scotts") stipulate and declare as follows:

WHEREAS, CSPA filed its Complaint for Declaratory and Injunctive Relief and Civil 2 Penalties ("Complaint") on April 12, 2012; 3

WHEREAS, the last date for CSPA to serve its Complaint pursuant to Federal Rule of Civil 4 Procedure 4(m) is August 10, 2012; 5

WHEREAS, CSPA and Scotts agree that there is good cause to grant an extension of 6 CSPA's time to serve its Complaint as CSPA and Scotts have been, and continue to be, engaged in 7 ongoing and productive settlement discussions; 8

WHEREAS, the parties require further time to engage in these settlement discussions, which 9 involve, inter alia, several issues related to the management of storm water discharges; 10

WHEREAS, in the interests of justice CSPA and Scotts would like to resolve their dispute 11 informally, without the attendant costs and deadlines of litigation; 12

WHEREAS, CSPA and Scotts do not foresee any reason(s) that would require any further 13 stipulations to extend the time for CSPA to serve its Complaint; 14

WHEREAS, CSPA and Scotts have agreed that this stipulation shall not be construed as a 15 waiver of any kind; 16

WHEREAS, CSPA and Scotts agree that Scotts is signing this stipulation for the limited and 17 only purpose of agreeing to an extension of CSPA's time to serve its Complaint and that it shall not 18 constitute an appearance in this action for any other purpose whatsoever; 19

NOW, THEREFORE, CSPA and Scotts hereby stipulate that the time within which CSPA 2 must serve its Complaint is extended to October 9, 2012 and that an Order to this effect may be 3 entered by the Court without further notice or hearing. 4 5

Dated: July 30, 2012 6 Respectfully submitted, LOZEAU DRURY LLP By: _/s/ Douglas J. Chermak_____________ 8 Douglas J. Chermak Attorneys for Plaintiff 9 HUNTON & WILLIAMS LLP 10 11 By: __/s/ Chris M. Amantea (as authorized on July 30, 2012) 12 Chris M. Amantea Attorneys for Defendant THE SCOTTS COMPANY LLC

PURSUANT TO STIPULATION, IT IS SO ORDERED. 19

20120731

© 1992-2012 VersusLaw Inc.



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