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California River Watch v. County of Madera

United States District Court, E.D. California

February 7, 2014

CALIFORNIA RIVER WATCH, a 501(c)(3) nonprofit, public benefit Corporation, Plaintiff,
v.
COUNTY OF MADERA, et al Defendants.

Jack Silver, Esq., Law Office of Jack Silver, Santa Rosa, CA.

David J. Weinsoff, Esq., Law Office of David J. Weinsoff, Fairfax, CA. Attorneys for Plaintiff CALIFORNIA RIVER WATCH.

EX PARTE REQUEST FOR RELIEF FROM SCHEDULING CONFERENCE SCHEDULE; DECLARATION OF JACK SILVER; ORDER THEREON [Civil L. R. 144(c)]

SANDRA M. SNYDER, Magistrate Judge.

Plaintiff CALIFORNIA RIVER WATCH hereby moves for relief from the Order Setting Mandatory Scheduling Conference issued by this Court on November 21, 2013 (Dkt #3) in that Plaintiff moves to extend all deadlines set in said Order for period of sixty (60) 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 County of Madera for current and ongoing violations of the Safe Drinking Water Act, 42 U.S.C. ยง 300f et seq. The action was filed on November 21, 2013. Defendant was served with the pleadings by way of Waiver of Service on December 11, 2013 sent to Douglas Nelson, County Counsel for the County of Madera representing Defendant at that time. No appearance has been filed on behalf of Defendant. Defendant's initial responsive pleading is due on February 10, 2014.

3. On January 29, 2014 co-counsel for Plaintiff David Weinsoff was contacted by Attorney Matthew E. Fletcher of McCormick Barstow LLP who advised he would be assuming representation of the Defendant, and had only recently received the file. Attorney Fletcher advised that Defendant County of Madera was very interested in opening a dialogue regarding informal resolution of this case without the need for further litigation. Following that conversation, 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.

4. As the current scheduling Order includes the submission of a Joint Scheduling Report on February 12, 2014 and a Scheduling Conference on February 19, 2014, I respectfully request that all deadlines be extended for a period of sixty (60) days to allow the parties time to negotiate a resolution of this matter absent further litigation. No trial or pre-trial has been scheduled and no discovery has commenced. 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 February 4, 2014.

ORDER

GOOD CAUSE APPEARING, it is hereby,

ORDERED, that the deadlines set forth in the Order Setting Mandatory Scheduling Conference be extended as follows:

Last day to confer re:

IT IS FURTHER ORDERED that the time within which a responsive pleading to the Complaint may be filed by Defendant COUNTY OF MADERA is extended to March 19, 2014.


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