Image: 03994499
ORDER
001 C03994499
Instructions:
Please place this sheet on top of the document to be scanned.
FILED
MAR 2 6 2013
CLE~:T~~RT
1
3
4
5
6
7
8
9
10
11
BY.
Deputy Clerk
!2
13
!5
16
CALIFORNIA-AMERICAN WATER
COMPANY, a California corporation,
17
Plaintiff,
!8
vs.
19
20
,, .
21
Defendants.
22
MARINA COAST WATER DISTRICT,
23
Cross-Complainant,
24
vs.
25
26
27
CALIFORNIA-AMERICAN WATER
CO'tv!PANY, a California corporation;
MONTEREY COUNTY WATER
RESOURCES AGENCY; and ROES l
through 50, inclusive,
28
Cross-Defendants.
iiMii<A~----;S:::;T;;;IP-:;;U:;;'L-:A-=T:::JO"'N=T::::O-:A-::L-::LO=W::-F:::l::-Lc::IN:::.G;:-O-=l~l'-::~-:cN::::SW=E=R-:A-:-N:::D:-:D::-:E:::F=E:-::RR=E=D-:FI=L::-:l:::::N:-::G:-:0::-:
F::-----
CROSS-COMPLAINT AND ]PI!:
$5UI) ORDER
STIPULATION
WHEREAS, defendant and cross-complainant Marina Coast Water District (the "District")
, and defendant and cross-defendant Monterey County Water Resources Agency (the "Agency") are
entering into settlement discussions; and
WHEREAS, the District and the Agency have invited plaintiff California-American Water
WHEREAS, the District and the Agency have entered into a Tolling Agreement to toll any
7
8
and all statutes of limitation and deadlines that might otherwise run on claims they might have
against each other while they negotiate the tenns of a possible settlement; and
WHEREAS, the District expects the Agency to respond to the District's cross-complaint but,
10
11
in recognition of the parties' settlement discussions, agrees the Agency need not file any cross-
12
complaint it may have against the District at this time and agrees the Agency's right to file any such
13
cross-complaint should be preserved and protected for filing at a later date if the parties' settlement
14
15
16
for the delayed filing of any cross-complaint the Agency may intend to assert;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the District and the
17
18
Agency through their respective counsel that the Agency may respond to the District's cross-
19
complaint within 15 days of the Court's approval of the Order attached hereto and defer the filing
20
and service of any cross-complaint the Agency may have against the District until a later date and
21
that the Agency's right to file and serve any cross-complaint against the District at a later date shall
221: be preserved and protected notwithstanding the filing of a response as set forth in this paragraph.
23
24
'
Dated: March
(<f , 2013
25
26
By:
~d'~~
MARK A. WASSER
Anorneys for Defendant and Cross-Defendant,
Monterey County Water Resources Agency
27
28
,., ... or>;c~ '"
-2-
.MarkA~---;S;;T~I-;;P;-;U;-L-;-A:;:T;:lO;:N;;-;;T;:O:-A;-;L,-;Lc:O:;:W=Fo::l;-Ll:::N-c;.G:;-O=FC:A_,N:::S:::W-;:E::.R:;-A-:-N::C:D:::c-::DC::E:::F:::E:::RR=E=D-::F::IL::-I=NccG::-cO-:cF-----
CROSS..COMPLAINT AND [IIIIJ1P8fliDI ORDER
Dated: March
I' ,
2013
A Profession~! ~;r':~
By:
/'i::,'~
B. TILDEN KIM
Attorneys for Defendant and CrossComplainant, Marina Coast Water District
4
5
ORDER
7
8
The parties having stipulated as hereinabove set forth and good cause appearing,
IT IS HEREBY ORDERED, the Monterey County Water Resources Agency may :file and
10
serve a response to the c'foss-complaint filed by Marina Coast Water District within 15 days of the
11
date of this Order and defer the filing and service ofany cross-complaint the Agency may have
12
13
14
Dated:
1----==
,.'('I'M- (
15
16
-;( f>>'l,h:.,
4 o..J.'i'l~
{f.tf-J
~~- ~
17
18
eM<. . .
19
20
21
22
23
24
25
26
27
281
"'"' cn:c~ "'
-3-