8/30/2011 SEWER COMMISSION Minutes

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Case 1:10-cv-11455-MLW Document 11 Filed 08/25/11 Page 2 of 6 meetings and discussions regarding a potential negotiated resolution of this matter,the United States moved for extensions of time in which to file its Answer or other responsive pleading, which is now due September 6, 2011. 3. Between March 7,2011 and the present,the parties retained an outside Mediator and under his auspices conducted mediation sessions. Although those initial sessions have not yet resulted in a resolution of this matter, the parties believe that it would be worthwhile to ensure the opportunity to conduct a concentrated series of mediation sessions over a ninety-day period(September 6, 2011 through December 6,2011)to determine if a negotiated final resolution of the disputes in this case can be reached. The parties further believe that they will be aided in this endeavor if they are not required to file responsive or other pleadings and otherwise actively litigate this case during the ninety-day mediation period. 4. In anticipation of this matter either being resolved during the ninety-day mediation period or the parties concluding at the end of this period that the matter cannot be resolved through a negotiated resolution,the parties request that the Court issue a Scheduling Order that will call for responsive pleadings,the filing of the administrative record, and the filing of motions,to commence soon after the termination of the termination of the ninety-day mediation period. (Provision has been made for earlier proceedings in the unanticipated event that the mediation terminates by mutual written consent of all participants without a resolution of the action prior to December 6,2011.) JOINT MOTION FOR SCHEDULING ORDER In conjunction with the Status Report offered above,the parties respectfully move the Court to issue a Scheduling Order calling for the following- 2