JAMESON BEACH PROPERTY OWNERS' ASSOCIATION, an unincorporated association; GENE LANDON, an individual; and HELEN NICOLAIDES, Plaintiffs,
THE UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, a government entity; EL DORADY COUNTY, a government entity; STATE OF CALIFORNIA [CALTRANS], a government entity; and DOES 1 through 25, inclusive, Defendants.
JACQUELINE MITTELSTADT, ESQ. SBN 172188, TAHOE LAW CENTER, South Lake Tahoe, California, Attorneys for Plaintiffs JAMESON BEACH PROPERTY OWNERS ASSOCIATION, GENE LANDON, and HELEN NICOLAIDES.
Stephen A. Mason, MASON THOMAS, Attorneys for Defendant EL DORADO COUNTY
T. Scott Brooke, BROOKE · SHAW · ZUMPFT, Attorney's for Defendant CAMP RICHARDSON RESORT, LLC and KRIS KNOX
STIPULATION AND ORDER TO STAY LITIGATION TO ALLOW FOR SETTLEMENT DISCUSSIONS
MORRISON C. ENGLAND, Jr., Chief District Judge.
Plaintiffs, by and through their attorney Jacqueline Mittelstadt, and Defendants, El Dorado County ("County"), and, Kris Knox and Camp Richardson Resort, LLC. ("Camp Richardson Defendants), by and through their attorneys respectively, Mason · Thomas, and Brooke · Shaw · Zumpft, hereby submit their request to stay this litigation and allow the parties to pursue amicable settlement discussions, and hereby stipulate as follows:
A. The time frame within which the parties propose the settlement negotiations will be completed by is January 30, 2013 or any appropriate date set by this Court.
B. The Camp Rich Defendants and Plaintiffs have agreed to commence discussions on the earliest date all parties are available: November 1, 2013. A second meeting to include El Dorado County is in the process of being scheduled at the earliest available date in late November 2013.
C. The Camp Rich Defendants and Plaintiffs hereby agree to defer formal service of the Summons and Complaint until thirty days after expiration of the stay of litigation entered into by way of this Stipulation. The parties further agree that upon Plaintiffs receipt of a written indemnity agreement, including confirmation that any and all actions and omissions by Mr. Knox will be assumed by Camp Richardson Resort, LLC., Plaintiffs will dismiss Mr. Knox from the instant lawsuit with prejudice. It is agreed that participation in this Stipulation does not constitute an appearance for any purpose.
D. The parties herein agree to a stay of all discovery. The parties also agree that during the discovery stay, either party may informally request documents from the other party, and the parties agree to meet and confer in response to any such informal request in an attempt to reach a resolution.
C. Plaintiff's counsel has discussed with the remaining Defendants consent to stay litigation to pursue a global resolution and discussions are continuing. Caltrans was recently served and is in the process of ascertaining counsel assigned to this matter. The U.S. Forest Service and Ms. Nancy Gibson were recently personally served, and prefer to wait until closer to their October deadline to file a responsive pleading before agreeing to a formal stay. They are committed to participate in the Nov. 1, 2013 meeting. Finally, Caltrans legal representatives are aware of the Nov. 1, 2013 date, and late November date in process of being scheduled.
IT IS SO STIPULATED.
Pursuant to the provisions above, the litigation is hereby stayed until February 1, 2013. Not later than ten (10) days after settlement negotiations conclude on January 30, 2013, the parties are directed to inform this ...