Stipulation Re: First Amended Complaint; Order 1 Case No.: S-04-2647 KJM 

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

Layne Friedrich (Bar No. 195431) 

Daniel Cooper (Bar No. 153576) 

LAWYERS FOR CLEAN WATER, INC. 

1004 O’Reilly Avenue 

San Francisco, California 94129 

Telephone: (415) 440-6520 

Facsimile: (415) 440-4155 

Attorneys for Plaintiff 

WATERKEEEPERS NORTHERN CALIFORNIA 

d.b.a DELTAKEEPER 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

WATERKEEPERS NORTHERN CALIFORNIA, 

a non-profit corporation, d.b.a. 

DELTAKEEPER 

 Plaintiff, 

v. 

RUTH COLEMAN, in her official capacity as 

DIRECTOR of CALIFORNIA DEPARTMENT OF 

PARKS AND RECREATION, 

a state agency 

 Defendant. 

Civil Case No.: S-04-2647 KJM 

STIPULATION TO PLAINTIFF’S 

FILING OF ITS FIRST AMENDED 

COMPLAINT FOR DECLARATORY 

AND INJUNCTIVE RELIEF; 

ORDER 

(Federal Water Pollution Control Act, 

33 U.S.C. §§ 1251 et seq.) 

(Resource Conservation and Recovery 

Act, 42 U.S.C. 6901 et seq.)

Plaintiff Baykeeper

1

, doing business through its Deltakeeper Chapter, (hereinafter referred to as 

“the Deltakeeper Chapter”), and Defendant Department of Parks and Recreation (“DPR”) hereby agree 

and stipulate to the following: 

WHEREAS, on October 12, 2004 the Deltakeeper Chapter issued its Notice of Violation and 

 

1 Waterkeepers Northern California has officially changed its name to Baykeeper. Deltakeeper remains 

a chapter of Baykeeper. 

Case 2:04-cv-02647-KJM Document 28 Filed 12/15/05 Page 1 of 3
Stipulation Re: First Amended Complaint; Order 2 Case No.: S-04-2647 KJM 

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

Intent to File Suit letter to Defendant and the regulatory agencies pursuant to the Clean Water Act;

WHEREAS, on December 15, 2004, the Deltakeeper Chapter filed its Complaint for Declaratory 

and Injunctive Relief; 

WHEREAS, on October 6, 2005, the Deltakeeper Chapter issued a Supplemental Notice of 

Violation and Intent to File Suit (“Supplemental Notice Letter”) letter alleging violations of the Clean 

Water Act and the Resource Conservation and Recovery Act; 

WHEREAS, pursuant to the Resource Conservation and Recovery Act the Deltakeeper Chapter 

must wait 90 days after issuance of the Supplemental Notice Letter to file its First Amended Complaint; 

WHEREAS, as of January 10, 2006 more than 90 days has passed since the Deltakeeper Chapter 

issued its Supplemental Notice Letter; 

WHEREAS, Plaintiff provided a copy of its First Amended Complaint to Defendant, which 

Plaintiff will file pursuant to this stipulation; 

WHEREAS, Plaintiff and Defendant (”the Parties”) desire to save resources and have agreed to 

stipulate to Plaintiff’s filing of its First Amended Complaint; 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

Case 2:04-cv-02647-KJM Document 28 Filed 12/15/05 Page 2 of 3
Stipulation Re: First Amended Complaint; Order 3 Case No.: S-04-2647 KJM 

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

THEREFORE, the parties hereby agree and stipulate that: 

1. Plaintiff will file its First Amended Complaint on January 10, 2006. 

2. Counsel for Defendant will accept service of the First Amended Complaint. 

3. Defendant will file its responsive pleading by February 10, 2006. 

4. By stipulating to the filing of the First Amended Complaint, Defendant does not waive 

any defense to Plaintiff’s claims, nor any challenges to the sufficiency of the First 

Amended Complaint which Defendant could have brought, in the absence of this 

stipulation, in an opposition to a motion by Plaintiff to file the First Amended Complaint. 

Date: December __, 2005 

 /s/ Layne Friedrich, Esquire

 Layne Friedrich 

 Lawyers for Clean Water, Inc. 

 Attorney for Plaintiff 

Date: December __, 2005 

 _/s/ Bruce Reeves, Esquire

 Bruce Reeves 

 (as authorized on December 13, 2005) 

 Deputy Attorney General 

 Attorney for Defendant 

IT IS SO ORDERED. 

 

Date: December 14, 2005. 

_____________________________________ 

UNITED STATES MAGISTRATE JUDGE 

Case 2:04-cv-02647-KJM Document 28 Filed 12/15/05 Page 3 of 3