STIPULATION TO VACATE AND STAY TRIAL AND RELATED DATES; ORDER THEREON

KIMBERLY J. MUELLER, District Judge.

Whereas, the parties attended a settlement conference conducted by Magistrate Kendall Newman on December 22, 2015, at the U.S. District Court, and were unable to complete a settlement of this action on that date;

Whereas, since December 22, 2015, the parties, with the assistance and involvement of Magistrate Newman, have made progress towards eliminating contested issues and working towards a mutually agreeable resolution of this matter, and have cooperated in identifying possible steps towards resolution;

Whereas, Plaintiff Stanley Swenson intends to avail himself of the administrative processes and procedures available in Siskiyou County for the purpose of pursuing and conducting lawful mining activities pursuant to Siskiyou County codes and regulations and the Surface Mining and Reclamation Act ("SMARA");

Whereas, the administrative process will facilitate the settlement of this action, and if settlement is not achieved, the administrative process will also reduce the number of contested issues and therefore streamline the trial;

Whereas, the parties anticipate that the administrative processes and procedures could take approximately 6 to 7 months for completion.

Plaintiff Stanley Swenson and defendants Siskiyou County, Siskiyou County Planning Commission, Lavada Erickson, Frank Demarco, Bill Hoy, Marcia Armstrong, Jim Cook, Ron Stevens, Jeff Fowle, Chris Lazaris, and Mike McMahon (collectively "the Parties"), by and through their respective counsel, hereby stipulate and agree as follows:

1. The trial of this matter currently set to commence February 29, 2016, and all related deadlines, be vacated and stayed pending the completion of Plaintiff Stanley Swenson's pursuit of administrative processes and procedures pursuant to Siskiyou County codes and regulations and SMARA;

2. The parties will contact Judge Mueller at the conclusion of Plaintiff Stanley Swenson's administrative process and proceedings to advise whether the matter has been resolved and the case may be dismissed or to set the matter for trial.

IT IS SO STIPULATED.

ORDER

FOR GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that

1. The trial of this matter currently set to commence February 29, 2016, and all related deadlines, be vacated and stayed pending the completion of Plaintiff Stanley Swenson's pursuit of administrative processes and procedures in Siskiyou County;

2. The parties will notify the court within fourteen (14) days of the conclusion of Plaintiff Stanley Swenson's administrative processes and proceedings to advise whether the matter has been resolved and the case may be dismissed, or to set the matter for trial.

IT IS SO ORDERED.