Jayni Foley Hein (Bar No. 258261), Sejal Choksi-Chugh (Bar No. 222093, ) SAN FRANCISCO BAYKEEPER, San Francisco, California, Attorneys for Plaintiff, SAN FRANCISCO BAYKEEPER.
REQUEST TO RESCHEDULE THE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
HOWARD R. LLOYD, District Judge.
WHEREAS, on May 29, 2013, Plaintiff San Francisco Baykeeper filed the above-entitled complaint;
WHEREAS, on September 6, 2013 Plaintiff served Defendant City of Sunnyvale with the complaint and requested a waiver of service of summons;
WHEREAS, Defendant has until October 6, 2013 to respond to the waiver of service of summons and has not done so to date;
WHEREAS, Plaintiff and Defendant (collectively referred to as the "Parties") are continuing to engage in settlement negotiations and anticipate reaching a settlement within the next month to Request to Reschedule the CMC; [Proposed] Order Case No. C-13-2425-HRL avoid the need for litigation;
WHEREAS, the Initial Case Management Conference is scheduled for October 8, 2013, at 1:30 pm;
WHEREAS, the Scheduling Order states that if the Initial Case Management Conference is continued, the other deadlines are continued accordingly;
WHEREAS, Plaintiff requests, upon the Court's approval, to reschedule the Case Management Conference for November 12, 2013, at 1:30 pm, or at such later date that is convenient for the Court, in order to give the Parties a chance to complete settlement negotiations without involving the resources of the Court;
WHEREAS, Plaintiff requests, upon the Court's approval, to reschedule the deadlines to file an ADR Certification and to file a Rule 26(f) Report to align with the new proposed Case Management Conference date;
WHEREFORE, Plaintiff respectfully requests the Court to approve and enter the Proposed Order below.
IT IS HEREBY ORDERED that the Case Management Conference set for October 8, 2013, is rescheduled for November 12, 2013, or such later date that is convenient for the Court, and ...