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STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE 

4:16-CV-07401-HSG 

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GREBEN & ASSOCIATES

125 E. DE LA GUERRA ST., STE 203

SANTA BARBARA, CA 93101

TEL: 805-963-9090

FAX: 805-963-9098

Jan A. Greben, SBN 103464 

jan@grebenlaw.com

Christine M. Monroe, SBN 304573 

christine@grebenlaw.com

Attorneys for Defendants SCHMIDBAUER LUMBER, INC. 

and SCHMIDBAUER BUILDING SUPPLY, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ECOLOGICAL RIGHTS FOUNDATION;

 Plaintiffs, 

v. 

SCHMIDBAUER LUMBER, INC. and 

SCHMIDBAUER BUILDING SUPPLY, LLC, 

 Defendants. 

Case No.: 4:16-CV-07401-HSG 

 

Date Filed: December 30, 2016 

Trial Date: None Set 

STIPULATION AND ORDER TO VACATE 

CASE MANAGEMENT CONFERENCE ON 

JULY 12, 2017 

 This stipulation and proposed order is made by and between Plaintiff Ecological Rights 

Foundation (“Plaintiff”) and Defendants Schmidbauer Lumber, Inc. and Schmidbauer Building 

Supply LLC (“Defendants”) (collectively referred to herein as “the Parties”). The Parties hereby 

stipulate to vacate the Case Management Conference scheduled for July 12, 2017 at 2:00 P.M. and 

the related deadline for the Case Management Statement due July 5, 2017. 

 Whereas the Parties intended to stipulate to vacate the Conference when they requested 

Judge Gilliam sign the Order Regarding Settlement [Document 35, filed June 14, 2017], vacating all 

future case management deadlines. As the Parties have settled the case and Defendants are 

preparing to implement the Consent Decree, requiring the Parties to travel and appear before the 
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STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE 

4:16-CV-07401-HSG 

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Court for the Case Management Conference is not an efficient use of financial resources. The 

Parties respectfully request the Court vacate the case management deadlines in consideration of the 

Court’s calendar and opportunity to remove unnecessary hearings. 

 Whereas the Parties filed a Joint Case Management Statement on March 28, 2017 [Document 

26] prior to the initial scheduled date for the Case Management Conference of April 4, 2017. The 

Conference has since been continued to July 12, 2017 through several stipulations and orders 

[Documents 28, 33, 36]. Therefore, requiring the Parties to refile an additional Case Management 

Statement would be excessive. The Parties respectfully request the Court vacate the deadline of July 

5, 2017 to file another Case Management Statement. 

 Alternatively, whereas the Department of Justice has indicated it will complete its review of 

the Consent Decree on July 20, 2017, and if the Court is not willing to completely vacate the Case 

Management Conference scheduled for July 12, 2017, the Parties request the Court continue the 

Conference to a later date in August, with the understanding that once the Department of Justice has 

approved the Consent Decree, the Parties will again ask the Court to sign the Consent Decree and 

vacate the Case Management Conference once more. 

Date: June 23, 2017 ENVIRONMENTAL ADVOCATES 

 /s/ Jodene Isaacs (as authorized on June 23, 2017) 

Christopher Sproul 

Jodene Isaacs 

Attorneys for Plaintiff ECOLOGICAL RIGHTS 

FOUNDATION 

Date: June 23, 2017 GREBEN & ASSOCIATES 

 /s/ Jan Greben 

Jan A. Greben 

Christine M. Monroe 

Attorneys for Defendants SCHMIDBAUER LUMBER, 

INC. and SCHMIDBAUER BUILDING SUPPLY, 

LLC 
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STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE 

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ORDER 

Good cause appearing, and based on the stipulation of the Parties, IT IS SO ORDERED that 

the Case Management Conference scheduled for July 12, 2017 is continued to August 15, 2017 

before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, 

Oakland, CA. Case Management Statement due by August 8, 2017. 

DATED: June 23, 2017 

Hon. Judge Haywood S. Gilliam, Jr.