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SEAN CARMAN

LOREN REMSBERG

Trial Attorneys

Environmental Enforcement Section

Environment and Natural Resources Division

U.S. Department of Justice

601 D Street NW

Washington, D.C. 20004

Tel: (202) 514-3143

Fax: (202) 514-4180

E-mail: loren.remsberg@usdoj.gov

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

Trial Attorney

Environmental Defense Section

Environment and Natural Resources Section

U.S. Department of Justice

301 Howard Street, Suite 1050

San Francisco, CA 94105

Tel: (415) 744-6566

Fax: (415) 744-6476

E-mail: rochelle.russell@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-05501 TEH

Plaintiff, )

)

v. ) JOINT STIPULATION AND

) [PROPOSED] ORDER 

BRADLEY MINING COMPANY, )

)

Defendant. ) )

Case 3:08-cv-05501-TEH Document 37 Filed 04/27/10 Page 1 of 4
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Joint Stipulation and [Proposed] Order - Case No. 3-08-CV-05501 TEH

On January 4, 2010, Plaintiff United States and Defendant Bradley Mining Company

(“Bradley Mining”) filed separate status reports with the Court. Docket Nos. 24, 25. On January

25, 2010, the parties filed a Joint Case Management Statement presenting their positions on the

conduct of discovery and other matters related to trial of this case. Docket No. 29. On February

1, 2010, Plaintiff United States and Defendants appeared before the Court for a case

management conference. The Court issued an Order dated February 4, 2010, regarding matters

raised at the February 1, 2010, case management conference. Case No. 3-08-cv-03968 Docket

No. 45. The Court’s Order stated, in pertinent part, that: 

(1) unless the transfer of land from the Bradley Trust to the Elem Tribe was fully completed

within 90 days (i.e., May 5, 2010), Plaintiff was required to file a motion to join the Elem Tribe

as a necessary party by May 24, 2010;

(2) the Order was without prejudice to the filing by Defendants of a motion to enforce an

agreement, or any other relief they deem appropriate; and 

(3) the case was set for a further case management conference on May 3, 2010, with a joint

case management conference statement to be filed by April 26, 2010. 

The parties have come to agreement but not yet finalized the general terms of a

settlement. In its January 2010 status report, the United States described four open issues it was

negotiating with Defendants: the extent of land transfers from the Bradley Trust to the Elem

Tribe and United States, the terms of the release provided by the United States to the Defendants, 

the division of insurance proceeds between the United States and Bradley Mining, and the

division of Bradley Mining’s annual net income between the United States and Bradley Mining.

Docket No. 40 at 4. The general terms of settlement recently reached by the parties are

summarized below: 

Land transfers: The United States, Bradley Mining, the Bradley Trust, and the Elem

Tribe are in agreement on the transfer of parcels as part of the settlement. The parties still need

to set out the exact boundary line of one parcel by means of survey.

Terms of the release: The parties agree that Defendants will receive covenants not to sue

for cost recovery claims and contribution protection at specified mine sites, and a covenant not to

Case 3:08-cv-05501-TEH Document 37 Filed 04/27/10 Page 2 of 4
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Joint Stipulation and [Proposed] Order - Case No. 3-08-CV-05501 TEH

sue for Natural Resources Damages at one site. The settlement will not include covenants from

any State. 

Division of insurance proceeds and Bradley Mining income: The parties have reached

agreement on the division of all proceeds from insurers of Bradley Mining and on the division of

the company's future income.

As provided in the proposed Order below, the parties jointly stipulate and request that the

Court: (1) stay all proceedings in this matter, with the exception of any further mediation-related

proceedings, until the continued Initial Case Management Conference; and (2) extend the Initial

Case Management Conference until August 2, 2010, so that the parties may conclude settlement

negotiations regarding the terms of a proposed consent decree. The parties propose to report to

the Court by July 6, 2010, regarding case status, prospects of settlement, and case management

scheduling, if needed.

IT IS SO STIPULATED.

I attest that concurrence in the filing of this Joint Stipulation and [proposed] Order has

been obtained from Mr. Jon K. Wactor, the attorney for Defendant Bradley Mining Company.

Dated: April 26, 2010 /s/ Loren Remsberg

Sean Carman

Loren Remsberg

Environmental Enforcement Section

U.S. Department of Justice

601 D Street, NW

Washington, D.C. 20004

Tel: (202) 514-3143

Fax: (202) 514-4180

Attorneys for Plaintiff United States of 

 America

Dated: April 26, 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

Attorneys for Defendants Bradley Mining 

Company and Frederick Bradley, as Trustee of the

Worthen Bradley Family Trust

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Joint Stipulation and [Proposed] Order - Case No. 3-08-CV-05501 TEH

[PROPOSED] ORDER

GOOD CAUSE APPEARING, IT IS ORDERED that: 

(1) all proceedings in this matter, with the exception of any further mediation-related

proceedings, shall be stayed until the continued Initial Case Management Conference;

(2) the Initial Case Management Conference, which is currently set for 1:30 p.m. on May 3,

2010, shall be continued until 1:30 p.m. on August 2, 2010. or a date thereafter that is set

by the Court;

(3) the United States’ response to the counterclaims is not due until October 4, 2010, 60 days

after the continued Initial Case Management Conference; and

(4) the parties shall provide a joint report to the Court on case status, prospects of settlement,

and case management scheduling, if needed, by July 6, 2010. 

 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

04/27/10

Case 3:08-cv-05501-TEH Document 37 Filed 04/27/10 Page 4 of 4