Skunk Train, Fort Bragg Jointly Agree to Set Aside Default in Mill Site Suit
The agreement allows the case to proceed on its merits
The Sierra Northern Railway, the Mendocino Railway and the city of Fort Bragg have jointly agreed to set aside a court default in one of two ongoing lawsuits about the former Georgia-Pacific mill site.
In a stipulation filed Oct. 8 in the U.S. District Court for the Northern District of California, the parties asked Judge John S. Tigar to approve an agreement restoring Fort Bragg’s right to respond to the railways’ lawsuit over stormwater contamination of Mill Pond 8. The agreement allows the dispute to proceed on the merits.
The railways filed their third amended complaint Aug. 4. A default was entered Sept. 9 after the city missed the deadline to respond. The stipulation says the lapse was inadvertent, caused by the departure of the attorney handling day-to-day matters from the law firm Edlin Gallagher Huie + Blum.
Both sides agreed that setting aside the default would not prejudice the plaintiffs and would allow the case to be decided on its merits. Fort Bragg must file an answer within 10 court days of Tigar’s order approving the stipulation.
Once filed, the case will move forward toward discovery and pre-trial motions. The agreement on procedural cooperation signals the city and the railways may be making progress in settling their long-running dispute around local and state jurisdiction of the mill site as well as cleanup of hazardous substances.
Read additional coverage of the mill site dispute:
U.S. Supreme Court denies Skunk Train appeal
Federal Railway Agency Affirms Mendocino Railway’s Carrier Status
Default Notice Issued as Stormwater Contamination Battle with Fort Bragg Escalates