Free Proposed Order - District Court of California - California

Case 4:07-cv-05067-SBA

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Filed 12/17/2007

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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 05067 SBA STIPULATION AND [PROPOSED] ORDER MODIFYING CERTAIN PRETRIAL DATES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

16 EVERGREEN PULP, INC., 17 18 19 Plaintiffs United States of America, the People of the State of California ex rel. California Defendant.

20 Air Resources Board, and the North Coast Unified Air Quality Management District (collectively 21 "Plaintiffs"), and Defendant Evergreen Pulp, Inc. ("Evergreen"), 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
LAW OFFICES

Allen Matkins Leck Gamble Mallory & Natsis LLP

Case No. C 07 05067 SBA STIP. & [PROPOSED] ORDER MODIFYING CERTAIN PRETRIAL DATES

Case 4:07-cv-05067-SBA

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2.

On October 2, 2007, the Court issued an Order Setting Initial Case Management

2 Conference and ADR Deadlines ("Scheduling Order"), establishing the following deadlines: 3 4 5 6 7 8 9 10 11 · · · 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 at 3:00 p.m.: Initial Case Management Conference.

12 The Order Setting Initial Case Management Conference and ADR Deadlines provides that "[i]f the 13 Initial Case Management Conference is continued, the other deadlines are continued accordingly." 14 3. On October 12, 2007, notice of the lodging of the Consent Decree and the opening

15 of a 30-day public comment period was published in the Federal Register, 72 Fed. Reg. 58125 16 (October 12, 2007). 17 4. On October 17, 2007, in light of the lodging of a Consent Decree that, if approved,

18 would resolve all of the claims asserted in this action and obviate the need for continued litigation, 19 the Parties filed a Stipulation and [Proposed] Order Extending Certain Pretrial Dates, including the 20 dates set forth in the Scheduling Order. The Court did not approve this proposed order. 21 5. On October 26, 2007, the Court issued a Clerk's Notice rescheduling the Case

22 Management Conference to 4:00 p.m. on January 10, 2008. The Clerk's Notice requires the 23 Parties to "file a Joint Case Management Conference Statement 10 days in advance of the Case 24 Management Conference that complies with the Standing Order For All Judges Of The Northern 25 District Of California and the Standing Order of this Court." In accordance with the Clerk's 26 Notice, the Joint Case Management Conference Statement is due no later than December 31, 2007. 27 28
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Allen Matkins Leck Gamble Mallory & Natsis LLP

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Case No. C 07 05067 SBA STIP. & [PROPOSED] ORDER MODIFYING CERTAIN PRETRIAL DATES

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6.

On December 13, 2007, after evaluating and responding to the comments received

2 during the comment period, Plaintiffs filed a Request to Enter Consent Decree and Memorandum 3 in Support of Request to Enter Consent Decree. 4 7. In light of the filing of the Request to Enter the Consent Decree, which Request, if

5 approved, would result in the entry of final judgment resolving all of the claims asserted in this 6 action, and in order to avoid incurring unnecessary expense in this action while the Court 7 considers that Request, the Parties stipulate to, and request that the Court adopt, an order that 8 provides as follows: 9 10 11 12 13 14 15 16 17 (a) (b) The deadlines described in paragraph 2, above, should be vacated. The Case Management Conference, scheduled for January 10, 2008, should be

continued to a future date to be established only in the event that the Court denies the Request to Enter Consent Decree. (c) At such continued Case Management Conference, if it occurs, new deadlines for

the requirements described in paragraph 2 should be set. (d) Evergreen's response to the Complaint shall be filed no later than thirty (30) days

after filing and service of an order denying the Request to Enter Consent Decree. 8. Except as set forth above, there have been no other modifications to or extensions

18 of dates set forth in any order of this Court. 19 SO STIPULATED. ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP DAVID D. COOKE

20 Dated: December 14, 2007 21 22 23 24 25 26 27 28
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By:

/s/ David D. Cooke DAVID D. COOKE Attorneys for Defendant Evergreen Pulp, Inc.

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1 Dated: December 14, 2007 2 3 4 5 6 7 Dated: December 17, 2007 8 9 10 11 12 13 14 15 Dated: December 14, 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 December 17, 2007 in San Francisco, California. 26 27 28
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/s/ David D. Cooke David D. Cooke
Case No. C 07 05067 SBA STIP. & [PROPOSED] ORDER MODIFYING CERTAIN PRETRIAL DATES

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[PROPOSED] ORDER Pursuant to stipulation, and for good cause shown, the Court orders as follows: 1. The following deadlines, set forth in the October 2, 2007, Order Setting Initial Case

4 Management Conference and ADR Deadlines ("Scheduling Order"), are hereby vacated: 5 6 7 8 9 10 11 12 13 2. · · 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. The Case Management Conference scheduled for January 10, 2008, shall be

14 continued to a future date, to be selected by the Court, in the event the Court denies the pending 15 Request to Enter Consent Decree, filed by Plaintiffs on December 13, 2007. New deadlines for 16 completion of the parties' obligations identified in the Scheduling Order shall be adopted at such 17 continued Case Management Conference, if it occurs. 18 3. Evergreen's response to the Complaint shall be filed no later than thirty (30) days

19 after notification by the Court to the Parties that it will not enter the Consent Decree. 20 SO ORDERED. ____________________________ Honorable Saundra B. Armstrong United States District Judge

21 Dated: _______________________ 22 23 24 25 26 27 28
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Case No. C 07 05067 SBA STIP. & [PROPOSED] ORDER MODIFYING CERTAIN PRETRIAL DATES