1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stipulation to Vacate Briefing 

C 08-5408 SC

TONY WEST

Assistant Attorney General

ISAAC R. CAMPBELL

United States Department of Justice

Civil Division, Federal Programs Branch

20 Massachusetts Avenue, NW, Room 6130

Washington, D.C. 20530

Tel: (202) 616-8476

Fax: (202) 616-8460

MELINDA HAAG CSBN 132612

United States Attorney

JOANN M. SWANSON, CSBN 88143

Assistant United States Attorney

Chief, Civil Division

ILA C. DEISS, NYSBN 3052909

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102

Telephone: (415) 436-7124

FAX: (415) 436-7169

ila.deiss@usdoj.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

TRI-VALLEY CARES, )

)

)

Plaintiff, )

)

)

v. )

)

UNITED STATES DEPARTMENT OF )

ENERGY and NATIONAL NUCLEAR )

SECURITY ADMINISTRATION, )

)

)

Defendants. ) )

No. C 08-5408 SC

STIPULATION TO VACATE DATES;

and [Proposed] ORDER 

Date: November 19, 2010

Time: 10:00 a.m.

///

///

Case 3:08-cv-05408-SC Document 28 Filed 08/24/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stipulation to Vacate Briefing 

C 08-5408 SC 2

Plaintiff, Tri-Valley Cares, and defendants, the United States Department of Energy (“DOE”),

and the National Nuclear Security Administration (“NNSA”), by and through their counsel of

record, hereby stipulate, subject to the approval of the Court, to the following:

1. On April 20, 2010, the Court set a supplemental briefing schedule for the parties in which

the initial round of summary judgment briefing was set to begin on July 15, 2010.

2. Since that time, the parties have been engaged in settlement discussions and narrowed the

areas of contention to the issue of attorney’s fees. 

3. On or about August 11, 2010, the parties reached a tentative agreement on attorneys’ fees

and intend to resolve this case without further litigation.

4. In this case, the process of finalizing a settlement agreement with the government requires

final approval by a certain component of the U.S. Department of Justice. This final approval

process can only begin after the terms of a settlement agreement between the parties has been

completed and finalized.

5. The parties now respectfully request that the Court terminate summary judgement briefing

and allow defendants time to seek the aforementioned final approval of the tentative settlement

agreement. Accordingly, the parties request that the current briefing schedule, in which plaintiff is

set to begin the initial round of summary judgment on August 16, 2010, be vacated and that the

November 19, 2010 hearing date be vacated.

///

///

///

///

Case 3:08-cv-05408-SC Document 28 Filed 08/24/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stipulation to Vacate Briefing 

C 08-5408 SC 3

6. Additionally, the parties respectfully request a status conference with the Court on

November 19, 2010, at 10:00am.

.

Dated: August 16, 2010 Respectfully submitted,

MELINDA HAAG

United States Attorney

 /s/ 

ISAAC CAMPBELL

Trial Attorney

United States Department of Justice

ILA C. DEISS

Assistant United States Attorney

Attorneys for Defendants

Dated: August 16, 2010 /s/ 

SCOTT J. YUNDT

Attorney for Plaintiff

ORDER

Pursuant to the stipulation, IT IS SO ORDERED. A further case management conference is set

for November 19, 2010 at 10:00 am. Should the parties resolve this matter prior to that date, a

stipulation to dismiss shall be promptly filed and the case management conference vacated.

Date: August 24, 2010 

SAMUEL CONTI

United States District Judge

Case 3:08-cv-05408-SC Document 28 Filed 08/24/10 Page 3 of 3