June 6, 2013
CALIFORNIA RIVER WATCH, a 501(c)(3) non-profit, public benefit Corporation, Plaintiff,
UNI-TILE & MARBLE, INC., et al, Defendants.
Jack Silver, Esq. SB# 160575, Law Office of Jack Silver, Sarah Danley, Esq. SB #284955, Santa Rosa, California, Attorney for Plaintiff NORTHERN CALIFORNIA RIVER WATCH.
EXPEDITED MOTION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION OF JACK SILVER; [PROPOSED] ORDER [Civil L. R. 16-2(d)]
NATHANAEL M. COUSINS, Magistrate Judge.
Plaintiff NORTHERN CALIFORNIA RIVER WATCH hereby moves for relief from the Order Setting Initial Case Management Conference and ADR Deadlines issued by this Court on April 29, 2013 (DKT #2) in that Plaintiff moves to extend all deadlines set in said Order for period of thirty (30) days.
DECLARATION OF JACK SILVER
1. I am attorney for Plaintiff herein, have personal knowledge of all matters stated herein, and, if called as a witness, could and would testify competently thereto.
2. This action is a complaint for injunctive relief, civil penalties and restitution brought against Defendant Uni-Tile & Marble, Inc. for current and ongoing violations of the Clean Water Act, 33 U.S.C. §1251 et seq. The action was filed on April 29, 2013. Defendant was served with the pleadings on May 2, 2013. No appearance has been filed on behalf of Defendant. Defendant is not represented by counsel.
3. At the request of Defendant, counsel for Plaintiff met with Defendant on June 5, 2013 at the Hayward site which is the subject of these proceedings, both to inspect the site and to discuss with Defendant the violations raised in the Complaint.
4. Following the June 5, 2013 meeting, it was agreed that the parties would focus their efforts in the next few weeks on negotiating a resolution of Plaintiff's claims as identified in the Complaint.
5. As the current scheduling Order includes deadlines taking place in July, 2013 and an Initial Case Management Conference on July 31, 2013; and, as any written settlement agreement reached between the parties is required to be provided to the U.S. Department of Justice for the mandatory 45-day agency review in accordance with 33 U.S.C. § 1365(c)(3), I respectfully request that all deadlines be extended for a period of thirty (30) days to allow the parties time to negotiate a resolution of this matter absent further litigation. The continuance requested will not hinder or harm any proceedings in this matter.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed in Santa Rosa, California on June 6, 2013.
GOOD CAUSE APPEARING, it is hereby,
ORDERED, that the deadlines set forth in Order Setting Initial Case Management Conference and ADR Deadlines be extended as follows: