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California Sportfishing Protection Alliance v. Pick-N-Pull Auto Dismantlers, 2:14-cv-01284-GEB (DAD). (2014)

Court: District Court, E.D. California Number: infdco20140821902 Visitors: 12
Filed: Aug. 20, 2014
Latest Update: Aug. 20, 2014
Summary: STIPULATED REQUEST FOR EXTENSION OF STATUS CONFERENCE AND ASSOCIATED DATES; [PROPOSED] ORDER GARLAND E. BURRELL, Jr., Senior District Judge. WHEREAS, on March 24, 2014, California Sportfishing Protection Alliance ("CSPA" or "Plaintiff") sent Pick and Pull Auto Dismantling, Inc., Schnitzer Steel Industries, Inc., Norprop, Inc., and Pick-N-Pull Auto Dismantlers (hereinafter collectively referred to as "Defendants") written notice of CSPA's intent to file suit under the Clean Water Act 60 days b
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STIPULATED REQUEST FOR EXTENSION OF STATUS CONFERENCE AND ASSOCIATED DATES; [PROPOSED] ORDER

GARLAND E. BURRELL, Jr., Senior District Judge.

WHEREAS, on March 24, 2014, California Sportfishing Protection Alliance ("CSPA" or "Plaintiff") sent Pick and Pull Auto Dismantling, Inc., Schnitzer Steel Industries, Inc., Norprop, Inc., and Pick-N-Pull Auto Dismantlers (hereinafter collectively referred to as "Defendants") written notice of CSPA's intent to file suit under the Clean Water Act 60 days before filing this action pursuant to 33 U.S.C. § 1365(b) ("Notice Letter");

WHEREAS, in response to CSPA's Notice Letter Defendants expressed an interest in settling the case without litigation;

WHEREAS, on May 27, 2014, CSPA filed its Complaint, and the Court issued its Order Setting Status (Pretrial Scheduling Conference), setting the scheduling conference for September 15, 2014 (Dkt. No. 3);

WHEREAS, on June 19, 2014, CSPA filed a Notice of Related Case both in this action and in California Sportfishing Protection Alliance v. Pick-n-Pull Auto Dismantlers et al., Civil Case No. 2:14-cv-01254-LKK (CKD), notifying the Court that the 2 actions are related under Civil Local Rule 123 (Dkt. No. 5);

WHEREAS, Plaintiff and Defendants have been and are engaged in good faith settlement discussions, including conducting several settlement meetings and an inspection at Defendants' facility;

WHEREAS, on August 4, 2014, pursuant to the Court's Order Setting Status (Pretrial Scheduling Conference) CSPA sent Defendants a Notice of Lawsuit and Request to Waive Service of Summons ("Waiver Request") (see Dkt. Nos. 6-9), and Defendants' response to the Waiver Request is due September 8, 2014;

WHEREAS, Defendants have not yet entered an appearance in this case, and by entering into this stipulation, Defendants, or any one of them, do not waive any defense they may have in this case;

WHEREAS, the parties are continuing to work towards a settlement of this action and believe that settlement of this case is possible;

WHEREAS, the parties request that the Court extend the Status (Pretrial Scheduling) Conference approximately thirty (30) days in an effort to conserve judicial resources and allow the parties to concentrate efforts on settlement;

WHEREAS, this is the parties' first request for an extension of Court ordered deadlines;

WHEREAS, a [Proposed] Order Granting Stipulated Request for Extension of Status Conference and Associated Dates is provided herewith;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the parties, and the Court's approval as to the following is hereby requested that:

The Court extend the Status (Pretrial Scheduling) Conference to October 20, 2014, at 9:00 a.m., or as soon thereafter as the Court's calendar permits.

[PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR EXTENSION OF STATUS CONFERENCE AND ASSOCIATED DATES

Having duly considered the Stipulated Request for Extension of Status Conference and Associated Dates filed by the Parties in this action on August 19, 2014, and good cause showing:

IT IS HEREBY ORDERED that for the reasons set forth in the Stipulated Request for Extension of Status Conference and Associated Dates:

1. The Status (Pretrial Scheduling) Conference is extended to October 27, 2014, at 9:00 a.m.

2. The parties' Joint Status Conference Statement shall be filed fourteen days prior to the scheduling conference.

IT IS SO ORDERED.

Source:  Leagle

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