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Northern California River Watch v. Oakland Maritime Support Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 29, 2012

NORTHERN CALIFORNIA RIVER WATCH,
A NON-PROFIT CORPORATION;
TEAMSTERS LOCAL 70, A LABOR ORGANIZATION; AND
EAST BAY ALLIANCE FOR SUSTAINABLE ECONOMY, A NON-PROFIT ORGANIZATION, PLAINTIFFS,
v.
OAKLAND MARITIME SUPPORT SERVICES, INC., A CORPORATION; WILLIAM ABOUDI, AN INDIVIDUAL; AND JORGE GONZALEZ RIVERA D.B.A. CHRISTIAN
BROTHERS TRUCK SERVICES, AN INDIVIDUAL; AND REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND, A LOCAL PUBLIC AGENCY;
DEFENDANTS.

The opinion of the court was delivered by: Hon. Nathanael Cousins United States Magistrate Judge

Michael R. Lozeau (State Bar No. 142893) Richard T. Drury (State Bar No. 163559) Douglas J. Chermak (State Bar No. 233382) LOZEAU DRURY LLP 410 12th Street, Suite 250 Oakland, CA 94607 Tel: (510) 836-4200 Fax: (510) 836-4205 (fax) E-mail: michael@lozeaudrury.com doug@lozeaudrury.com Attorneys for Plaintiffs NORTHERN CALIFORNIA RIVER WATCH, TEAMSTERS LOCAL 70, and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE SETTLEMENT CONFERENCE AND 14 VACATE ORDER TO SHOW CAUSE HEARING Hearing: October 30, 2012 Courtroom: A, 15th Floor Time: 9:30 a.m. Hon. Magistrate Judge Nathanael Cousins

WHEREAS, on October 12, 2012, pursuant to the parties' Stipulation and [Proposed]

Order to Extend Discovery Deadlines and Trial Date, the Court issued an order indicating that 25 the case would be referred to a Magistrate Judge for a settlement conference; 26

WHEREAS, on October 17, 2012, the Court referred the case to Magistrate Judge

Nathanael M. Cousins for a settlement conference; 28

WHEREAS, on October 18, 2012, the Court issued an order setting the settlement 2 conference for October 30, 2012, at 9:30 a.m.; 3 4 the date and determined that the date was not available for all parties. 5

WHEREAS, the parties solicited alternative dates for the settlement conference from

Judge Cousins' clerk, and ultimately determined that November 15, 2012, at 9:30 a.m., would be 7 suitable for all parties. Given the parties understanding of the Court's available alternative dates 8 and their intent to request a revised settlement conference date from the Court, the parties 9 anticipated filing their settlement conference statements on a date consistent with any revised 10 date for the conference; 11

WHEREAS, the parties were not able to confirm each of their availability as of October 2 23, 2012, and inadvertently did not submit settlement conference statements on that date in 13 concordance with the Court's October 18, 2012 Order and, on October 26, 2012, the Court 14 accordingly issued an Order to Show Cause set for October 30, 2012, at 9:30 a.m., and; date of the rescheduled settlement conference and the Court's standing order. 17

18 conference for November 15, 2012. The parties further respectfully request that the Court vacate 19 the Order to Show Cause. The parties shall submit settlement conference statements no later 20 than seven days prior to the conference. 21

Dated: October 29, 2012

WHEREAS, the parties communicated with each other subsequent to the assignment of

WHEREAS, the parties shall file settlement conference statements consistent with the

NOW THEREFORE, the parties hereby request that the Court reschedule the settlement

PURSUANT TO STIPULATION, it is hereby ordered that:

1. The settlement conference shall be rescheduled for November 15, 2012, at 9:30 a.m.

2. The parties shall submit settlement conference statements by November 8, 2012.

3. The hearing to show cause on October 30, 2012, is hereby vacated.

IT IS SO ORDERED.

Dated: October __, 2012

20121029

© 1992-2012 VersusLaw Inc.



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