STIPULATION AND ORDER GRANTING EXTENSION FOR PLAINTIFFS' REPLY BRIEFS IN SUPPORT OF MOTIONS FOR ENFORCEMENT COSTS

MORRISON C. ENGLAND, Jr., District Judge.

WHEREAS, on March 25, 2009, the Court entered the Bifurcation Order (ECF No. 26) separating the discovery and trial of defendants' liability ("Phase I") from the discovery and trial on plaintiffs' entitlement to response costs ("Phase II");

WHEREAS, only the enforcement costs portion of Plaintiffs United States of America and California Department of Toxic Substances Control ("Plaintiffs") response costs remains unresolved;

WHEREAS, on September 8, 2015, the Court signed a Stipulation and Order (ECF No. 244) providing that (a) on or before 60 days after the conclusion of the Phase II trial, Plaintiffs shall file a motion seeking enforcement costs, which are a subset of the response costs being litigated in Phase II; (b) on or before 60 days after Plaintiffs' deadline to file a motion seeking enforcement costs, if Defendant Sterling Centrecorp, Inc. ("Sterling") decides a response is necessary, Sterling shall file a response in opposition to Plaintiffs' motion for enforcement costs; and (c) on or before 21 days after Sterling's deadline to file its response, if Plaintiffs decide a reply is necessary, Plaintiffs shall file their reply;

WHEREAS, on October 24, 2016, the Court signed a Stipulation and Order (ECF No. 301) staying the deadlines in the Court's September 8, 2015 Order until December 21, 2016 to provide the Parties time to negotiate a settlement of enforcement costs. The stipulated schedule for briefing and discovery related to Plaintiffs' motion for enforcement costs would commence when the stay ended on December 21, 2016 if the Parties were unable to settle the issue of enforcement costs;

WHEREAS, the Parties did not settle the issue of enforcement costs, Plaintiffs' filed separate Motions for Enforcement Costs on February 21, 2017, Sterling filed its Opposition to those motions on April 21, 2017, and Plaintiffs' reply briefs are due on May 12, 2017;

WHEREAS, Plaintiffs and Sterling stipulated on January 31, 2017 that, "[s]hould Plaintiffs seek discovery of Sterling and require additional time to prepare their reply brief, Sterling will not oppose Plaintiffs' request to stay their reply deadline up to 45 days after Sterling serves its response to written discovery";

WHEREAS, Plaintiffs now seek discovery of Sterling and require additional time to prepare their reply brief, and Plaintiffs and Sterling agree to extend the deadline for Plaintiffs' reply briefs to 45 days after Sterling serves its responses to written discovery; and

WHEREAS, Plaintiff DTSC also moved for enforcement costs against Defendants Stephen P. Elder and Elder Development, Inc. (collectively, the "Elder Defendants"), the Elder Defendants have filed no opposition to DTSC's Motion for Enforcement Costs, and DTSC's reply brief shall therefore address only the arguments raised in Sterling's Opposition;

IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFFS AND STERLING, BY AND THROUGH THEIR UNDERSIGNED COUNSEL, THAT:

1. Plaintiffs separate or joint reply briefs in support of their respective Motions for Enforcement Costs are due on July 17, 2017, forty-five (45) days after the date on which Sterling's responses to written discovery propounded by Plaintiffs must be served.

ORDER

In accordance with the foregoing stipulation, and good cause appearing, Plaintiff's reply briefs shall be filed not later than July 17, 2017.

IT IS SO ORDERED.