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Stipulation Governing Use of Independent Court Advisor; Order No. S-04-2647 KJM

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BILL LOCKYER

Attorney General of the State of California

MARY E. HACKENBRACHT

Senior Assistant Attorney General

DENISE FERKICH HOFFMAN, State Bar No. 101671

Deputy Attorney General

BRUCE REEVES, State Bar No. 122849

Deputy Attorney General

1300 I Street, Suite 125

P.O. Box 944255

Sacramento, CA 94244-2550

Telephone: (916) 324-6058

Fax: (916) 327-2319

Email: Bruce.Reeves@doj.ca.gov

Attorneys for Defendant

Department of Parks and Recreation

IN THE UNITED STATES DISTRICT COURT

FOR THE 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.

S-04-2647 KJM

STIPULATION GOVERNING

USE OF INDEPENDENT

COURT ADVISOR; ORDER

Plaintiff Deltakeeper, a chapter of Baykeeper ("Plaintiff" or "Deltakeeper") and

Defendant Ruth Coleman, in her official capacity as Director of California Department of Parks

and Recreation ("Defendant" or "State Parks") (collectively, the "Parties") hereby stipulate to the

following:

WHEREAS, on January 13, 2006, the Parties entered into a Consent Decree to settle

the above listed action. 

WHEREAS, on January 27, 2006, the Parties adjusted some of the deadlines in the

Case 2:04-cv-02647-KJM Document 39 Filed 03/10/06 Page 1 of 3
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Stipulation Governing Use of Independent Court Advisor; Order No. S-04-2647 KJM

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Consent Decree and filed an Amended Consent Decree (hereinafter "Decree" or "Amended

Decree");

WHEREAS, paragraph 4 of the Amended Decree requires that State Parks will come

into compliance with the requirements of the Construction Storm Water Permit and Industrial

Storm Water Permits by February 21, 2006 (referred to as the "Initial Compliance Period"); 

WHEREAS, pursuant to paragraph 7 of the Decree, the Parties agree to use an expert

consultant to serve as an independent advisor to the Court on all matters pertaining to the

implementation of this Consent Decree requiring expert opinion (hereinafter referred to as the

"Court Advisor"); 

WHEREAS, the Parties agree that the Court Advisor's neutrality and ability to provide

the Parties and the Court with neutral advice and assistance is a key requirement of the Decree. 

BASED ON THE ABOVE, THE PARTIES HERETO NOW AGREE AND

STIPULATE TO THE FOLLOWING:

1. The Parties agree to utilize Eric Strecker as the Court Advisor subject to Mr.

Strecker's agreement to abide by the terms of the contract with State Parks and the California

Department of Justice, the Decree, and the terms of this order. 

2. As set forth in paragraph 7 of the Decree, State Parks agrees to formally retain the

services of the Court Advisor within 10 calendar days following the date Judge Mueller signs the

Decree. 

3. The Parties agree that on February 22, 2006, after the Initial Compliance Period

has run, Plaintiff will provide the Court Advisor with the Industrial SWPPP, the Construction

SWPPP, the Industrial Storm Water Permit, and the Construction Storm Water Permit. 

4. The Parties agree that they can submit additional relevant information to the Court

Advisor but that the parties will first meet and confer to attempt to coordinate the submission of

the information to the Court Advisor.

5. Except as set forth herein, the Parties agree to not initiate ex parte communication

or contact with the Court Advisor, either orally or in writing, without the express written consent

of all Parties and the Court Advisor. The Parties agree that not initiating ex parte communication

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Stipulation Governing Use of Independent Court Advisor; Order No. S-04-2647 KJM

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requires that the Parties conduct joint conference calls with the Court Advisor, draft joint

correspondence to the Court Advisor and otherwise meet and confer prior to communicating with

the Court Advisor to maintain his neutrality. The Parties agree that if written comments are to be

submitted to the Court Advisor, the Parties will coordinate with each other to arrange the

submission and shall send comment letters concurrently to the Court Advisor and each other. 

The Parties will then coordinate with the Court Advisor to arrange a meeting or telephonic

conference to discuss the Parties' respective positions.

Dated: February 17, 2006 _______/s/__________________

LAYNE FRIEDRICH

Attorney for Plaintiffs

Waterkeepers Northern California

d.b.a. Deltakeepers

Dated: February 17, 2006 _________/s/________________

DENISE FERKICH HOFFMAN

Attorney for Defendant Department

of Parks and Recreation

Dated: February 17, 2006 ________/s/_________________

BRUCE REEVES

Attorney for Defendant Department

of Parks and Recreation

IT IS SO ORDERED.

Dated: March 10, 2006.

______________________________________

UNITED STATES MAGISTRATE JUDGE

~7364639.wpd

SA2005300271

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