Free Proposed Order - District Court of California - California

Case 4:07-cv-05067-SBA

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Filed 10/17/2007

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1 DAVID D. COOKE (BAR NO. 94939) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 2 Three Embarcadero Center, 12th Floor 3 San Francisco, CA 94111-4074 Phone: (415) 837-1515 4 Fax: (415) 837-1516 E-Mail: [email protected] 5 Attorneys for Defendant 6 Evergreen Pulp, Inc. 7 8 9 10 11 UNITED STATES OF AMERICA, the PEOPLE OF THE STATE OF CALIFORNIA, 12 ex rel. CALIFORNIA AIR RESOURCES BOARD, and NORTH COAST UNIFIED AIR 13 QUALITY MANAGEMENT DISTRICT, 14 15 vs. Plaintiffs, Case No. C 07 5067 SBA STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN PRETRIAL DATES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

16 EVERGREEN PULP, INC., 17 18 19 Defendant Evergreen Pulp, Inc. ("Evergreen"), and Plaintiffs United States of America, the Defendant.

20 People of the State of California ex rel. California Air Resources Board, and the North Coast 21 Unified Air Quality Management District (collectively "Plaintiffs"), hereby agree and stipulate as 22 follows: 23 1. On October 2, 2007, Plaintiffs filed a Complaint against Evergreen pursuant to

24 Section 113 of the Clean Air Act, 42 U.S.C. § 7413, California Health & Safety Code § 42403, 25 and North Coast Unified Air Quality Management District Rule 105. On the same date, Plaintiffs 26 lodged a Consent Decree that, if approved and entered as the judgment of the Court in this case, 27 would resolve the claims alleged in the Complaint. 28
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Case No. C 07 5067 SBA STIP. & [PROPOSED] ORDER EXTENDING CERTAIN PRETRIAL DATES

Case 4:07-cv-05067-SBA

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2.

Evergreen's response to the Complaint is currently due to be filed on or before

2 October 25, 2007. 3 3. The Consent Decree cannot be entered as the judgment of the Court until the close

4 of a 30 day public comment period and the preparation thereafter by Plaintiffs of responses to 5 comments, if any. The public comment period began on October 12, 2007, with publication of 6 notice in the Federal Register. 7 4. On October 2, 2007, the Court issued an Order Setting Initial Case Management

8 Conference and ADR Deadlines, establishing the following deadlines: 9 10 11 12 13 14 15 16 · · · December 20, 2007: Last day to meet and confer regarding initial disclosures, early settlement, ADR process selection, discovery plan, file a Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference. January 3, 2008: Last day to file Rule 26(f) Report, complete initial disclosures or state objections in Rule 26(f) Report, and file Case Management Statement per attached Standing Order regarding Contents of Joint Case Management Statement. January 10, 2008: Initial Case Management Conference.

17 The Order Setting Initial Case Management Conference and ADR Deadlines provides that "[i]f the 18 Initial Case Management Conference is continued, the other deadlines are continued accordingly." 19 5. In light of the lodging of the proposed Consent Decree, which, if entered, will

20 resolve this action completely, and in order to avoid incurring unnecessary expense in an action 21 that the Parties have agreed to resolve without further litigation, the Parties stipulate to, and 22 request that the Court adopt, the following revision to the Order Setting Initial Case Management 23 Conference and ADR Deadlines: 24 25 26 27 28
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a.

Last day to meet and confer regarding initial disclosures, early settlement, ADR

process selection, discovery plan, file a Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference: Eighty days after (a) filing of a notification to the Court that the Consent Decree as lodged should not be entered, or (b)

Allen Matkins Leck Gamble Mallory & Natsis LLP

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notification by the Court to the Parties that it will not enter the Consent Decree, whichever occurs first. b. Last day to file Rule 26(f) Report, complete initial disclosures or state objections in

Rule 26(f) Report, and file Case Management Statement per attached Standing Order regarding Contents of Joint Case Management Statement: Ninety days after (a) filing of a notification to the Court that the Consent Decree as lodged should not be entered, or (b) notification by the Court to the Parties that it will not enter the Consent Decree, whichever occurs first. c. Initial Case Management Conference: To be set by the Court, following (a) filing

of a notification to the Court that the Consent Decree as lodged should not be entered, or (b) notification by the Court to the Parties that it will not enter the Consent Decree, whichever occurs first, for a date at least one week after the filing of the Case Management Statement. 6. Evergreen's response to the Complaint shall be filed no later than thirty (30) days

15 after (a) filing of a notification to the Court that the Consent Decree as lodged should not be 16 entered, or (b) notification by the Court to the Parties that it will not enter the Consent Decree, 17 whichever occurs first. 18 7. Should the Consent Decree be approved by and entered as the judgment of the

19 Court, the foregoing deadlines shall be vacated. 20 8. There have been no previous modifications to or extensions of dates set forth in any

21 order of this Court. 22 SO STIPULATED. ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP DAVID D. COOKE

23 Dated: October 17, 2007 24 25 26 27 28
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By:

/s/ David D. Cooke DAVID D. COOKE Attorneys for Defendant Evergreen Pulp, Inc.
Case No. C 07 5067 SBA STIP. & [PROPOSED] ORDER EXTENDING CERTAIN PRETRIAL DATES

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1 Dated: October 17, 2007 2 3 4 5 6 7 Dated: October 17, 2007 8 9 10 11 12 13 14 15 Dated: October 17, 2007 16 17 18 19 20 By: /s/ Nancy Diamond NANCY DIAMOND Attorneys for Plaintiff North Coast Unified Air Quality Management District LAW OFFICES OF NANCY DIAMOND NANCY DIAMOND By: /s/ Anita E. Ruud ANITA E. RUUD Attorneys for Plaintiff California Air Resources Board OFFICE OF THE CALIFORNIA ATTORNEY GENERAL EDWIN G. BROWN, JR. Attorney General of the State of California MARY HACKENBRACHT Assistant Attorney General RONALD J. TENPAS Acting Assistant Attorney General Environment & Natural Resources Division United States Department of Justice By: /s/ Ann C. Hurley ANN C. HURLEY Attorneys for Plaintiff United States of America

Attestation Regarding Signature: This document is being filed electronically under my

21 User ID and Password. Pursuant to General Order 45, Section X.B, I hereby attest that 22 concurrence in this filing of this document has been obtained from each of the other signatories to 23 this document. 24 I declare under penalty of perjury under the laws of the United States that the foregoing is

25 true and correct. Executed October 17, 2007 in San Francisco, California. 26 27 28
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/s/ David D. Cooke David D. Cooke
Case No. C 07 5067 SBA STIP. & [PROPOSED] ORDER EXTENDING CERTAIN PRETRIAL DATES

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[PROPOSED] ORDER Pursuant to stipulation, and for good cause shown, the Order Setting Initial Case

3 Management Conference and ADR Deadlines, is hereby amended to provide as follows: 4 1. Last day to meet and confer regarding initial disclosures, early settlement, ADR

5 process selection, discovery plan, file a Joint ADR Certification with Stipulation to ADR Process 6 or Notice of Need for ADR Phone Conference: Eighty (80) days after (a) filing of a notification 7 to the Court that the Consent Decree as lodged should not be entered, or (b) notification by the 8 Court to the Parties that it will not enter the Consent Decree, whichever occurs first. 9 2. Last day to file Rule 26(f) Report, complete initial disclosures or state objections in

10 Rule 26(f) Report, and file Case Management Statement per attached Standing Order regarding 11 Contents of Joint Case Management Statement: Ninety (90) days after (a) filing of a notification 12 to the Court that the Consent Decree as lodged should not be entered, or (b) notification by the 13 Court to the Parties that it will not enter the Consent Decree, whichever occurs first. 14 3. Initial Case Management Conference: To be set by the Court, following the (a)

15 filing of a notification to the Court that the Consent Decree as lodged should not be entered, or (b) 16 notification by the Court to the Parties that it will not enter the Consent Decree, whichever occurs 17 first, for a date at least one week after the filing of the Case Management Statement. 18 4. Evergreen's response to the Complaint shall be filed no later than thirty (30) days

19 after (a) filing of a notification to the Court that the Consent Decree as lodged should not be 20 entered, or (b) notification by the Court to the Parties that it will not enter the Consent Decree, 21 whichever occurs first. 22 5. Should the Consent Decree be approved by and entered as the judgment of the

23 Court, the foregoing deadlines shall be vacated. 24 SO ORDERED. ____________________________ Honorable Saundra B. Armstrong United States District Judge

25 Dated: _______________________, 2007 26 27 28
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Case No. C 07 5067 SBA STIP. & [PROPOSED] ORDER EXTENDING CERTAIN PRETRIAL DATES