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LOREN REMSBERG

Trial Attorney

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, )

)

Plaintiff, ) Case No. 3:08-cv-05501 TEH

)

v. ) STIPULATION TO EXTEND ANSWER

) DEADLINE

BRADLEY MINING COMPANY, )

) AND 

) .

Defendant. ) [PROPOSED] ORDER THEREON

 )

Case 3:08-cv-05501-TEH Document 32 Filed 03/24/10 Page 1 of 3
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-1-

Stipulation to Extend Answer Deadline - 3:08-cv-05501 TEH

WHEREAS, on September 26, 2008, Plaintiff United States of America ("United

States"), on behalf of the United States Environmental Protection Agency and United States

Forest Service, filed the complaint in the above-captioned matter against Defendants Bradley

Mining, seeking, among others, recovery of unreimbursed costs incurred and to be incurred, 

together with interest, for activities undertaken in response to the release or threatened release of

hazardous substances at the Stibnite Mine Site in Valley County, Idaho, 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 December 11, 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 January 16, 2009, 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-03968 TEH, through settlement;

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

Management Conference, issued an Order (filed in the related case, United States v. Bradley

Mining Company, 08-CV-03968, Dkt. 45) 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. 30; 

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

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-2-

Stipulation to Extend Answer Deadline - 3:08-cv-05501 TEH

filing a response to Defendants' counterclaims is therefore warranted;

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

Trial Attorney

Environmental Defense 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

LOREN REMSBERG

Trial Attorney

Environmental Enforcement Section

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

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-05501-TEH Document 32 Filed 03/24/10 Page 3 of 3