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IGNACIA S. MORENO

Assistant Attorney General

Environment and Natural Resources Division

U.S. Department of Justice

ROCHELLE L. RUSSELL (Cal. Bar No. 244992)

ROBERT D. MULLANEY (Cal. Bar No. 116441)

Trial Attorneys

Environment and Natural Resources Division

U.S. Department of Justice

301 Howard Street, Suite 1050

San Francisco, CA 94105

Tel: (415) 744-6566 (Ms. Russell)

Tel: (415) 744-6491 (Mr. Mullaney)

Fax: (415) 744-6476

Email: rochelle.russell@usdoj.gov

Email: robert.mullaney@usdoj.gov

Attorneys for Plaintiff and Counter-Defendant United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA, )

) Case No. 3:08-CV-03968 TEH

Plaintiff, )

)

v. ) STIPULATION TO EXTEND ANSWER 

) DEADLINE

BRADLEY MINING COMPANY, )

et al., ) AND

)

Defendants. ) [PROPOSED] ORDER THEREON

 )

Case 3:08-cv-03968-TEH Document 47 Filed 03/24/10 Page 1 of 3
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2

Stipulation to Extend Answer Deadline - Case No. 3-08-CV-03968 TEH

WHEREAS, on August 19, 2008, Plaintiff United States of America ("United States"), on

behalf of the United States Environmental Protection Agency, filed the complaint in the

above-captioned matter against Defendants Bradley Mining et al., seeking, among others, 

recovery of unreimbursed costs incurred and to be incurred by it, together with interest, for

activities undertaken in response to the release or threatened release of hazardous substances at

the Sulphur Bank Mercury Mine Superfund Site pursuant to Section 107(a) of the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

("CERCLA"), 42 U.S.C. § 9607(a);

WHEREAS, on November 18, 2008, Defendants filed an amended answer to the

complaint, including counterclaims against the United States;

WHEREAS, at the parties’ request, the Court stayed this action on November 17, 2008,

to allow the parties to participate in mediation, and such order has been modified by the Court’s

Order of February 4, 2010, as explained below;

WHEREAS, pursuant to stipulation, the United States' time for filing a response to

Defendants' counterclaims has been extended several times to allow for settlement discussions;

WHEREAS, the United States' response to Defendants' counterclaims is currently due on

April 2, 2010;

WHEREAS, on February 1, 2010, the Court held a Case Management Conference, in

which the parties expressed their continued interest in resolving this case and the related action, 

United States v. Bradley Mining Company, 08-CV-05501 TEH, through settlement;

WHEREAS, on February 4, 2010, the Court, in response to the matters raised at the Case

Management Conference, issued an Order that, among other things, required the United States to

join the Elem Tribe as a necessary party unless certain settlement issues are reconciled within 90

days and set a further Case Management Conference for May 3, 2010, Dkt. 45; 

WHEREAS, the parties seek to continue their efforts at resolving the complex settlement

matters noted in the Court’s February 4, 2010 Order before the continued May 3, 2010 Case

Management Conference, and agree that a further extension of the United States' deadline for

filing a response to Defendants' counterclaims is therefore warranted;

Case 3:08-cv-03968-TEH Document 47 Filed 03/24/10 Page 2 of 3
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Stipulation to Extend Answer Deadline - Case No. 3-08-CV-03968 TEH

NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through

their undersigned counsel, hereby stipulate that the United States shall file its response to

Defendants' counterclaims on or before May 28, 2010.

Dated: March 22, 2010 /s/ Rochelle L. Russell 

ROCHELLE L. RUSSELL

ROBERT D. MULLANEY

Trial Attorneys

Environment and Natural Resources Division

U.S. Department of Justice

301 Howard Street, Suite 1050

San Francisco, California 94105

Tel: (415) 744-6566 (Ms. Russell)

Tel: (415) 744-6491 (Mr. Mullaney)

Fax: (415) 744-6476

Email: rochelle.russell@usdoj.gov

Email: robert.mullaney@usdoj.gov

Attorneys for Plaintiff and Counter-Defendant

United States of America

Dated: March 22, 2010 /s/ Jon K. Wactor 

JON K. WACTOR

Wactor & Wick LLP

180 Grand Avenue, Suite 950

Oakland, California 94612

Tel: (510) 465-5750

Fax: (510) 465-5697

Email: JonWactor@ww-envlaw.com

Attorneys for Defendants Bradley Mining 

Company and Frederick Bradley, as Trustee of the

Worthen Bradley Family Trust

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: _________________________________

THELTON E. HENDERSON, JUDGE

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

03/24/10

Case 3:08-cv-03968-TEH Document 47 Filed 03/24/10 Page 3 of 3