Padres Hacia una Vida Mejor et al v. Jackson et al

Filing 50

STIPULATION and ORDER to Extend Briefing Deadlines, signed by Senior Judge Anthony W. Ishii on 11/9/12. (Verduzco, M)

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STUART F. DELERY
Acting Assistant Attorney General
BENJAMIN B. WAGNER
United States Attorney
RACHEL J. HINES
Assistant Director
Federal Programs Branch
M. ANDREW ZEE (CA Bar #272510)
Trial Attorney
Federal Programs Branch
U.S. Department of Justice, Civil Division
20 Massachusetts Avenue NW, Room 7314
Washington, DC 20530
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Defendants
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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)
)
)
)
) Case No.: 1:11-cv-01094-AWI-DLB
)
) STIPULATION AND ORDER TO
Plaintiffs,
) EXTEND BRIEFING DEADLINES
)
vs.
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)
LISA P. JACKSON, in her official capacity as )
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Administrator of the U.S. Environmental
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Protection Agency, and U.S.
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ENVIRONMENTAL PROTECTION
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AGENCY,
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Defendants.
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PADRES HACIA UNA VIDA MEJOR, an
unincorporated association, and EL PUEBLO
PARA EL AIRE Y AGUA LIMPIO, an
unincorporated association,

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Plaintiffs Padres Hacia una Vida Mejor and El Pueblo para el Aire y Agua Limpio
(collectively “Padres”), and Defendants, Lisa P. Jackson, in her official capacity as

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES - 1

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Administrator of the U.S. Environmental Protection Agency, and the U.S. Environmental

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Protection Agency (collectively “EPA”), stipulate as follows:

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On September 7, 2012, EPA filed a Motion to Dismiss on Mootness Grounds, and

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set the Motion for hearing on November 19, 2012 [ECF 42]. On November 5, 2012, Padres filed

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an opposition to EPA’s Motion [ECF 45] and a Motion for Sanctions [ECF 46]. On November

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7, 2012, the Court entered an order resetting the hearing date on both motions for December 3,

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2012, setting a November 12, 2012 deadline for EPA to file its reply brief on the Motion to

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Dismiss, setting a November 19, 2012 deadline for EPA to file its opposition brief to Padres’

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Motion for Sanctions, and setting a November 26, 2012 deadline for Padres to file a reply brief

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on the Motion for Sanctions [ECF 48].
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Due to the closure of EPA and Department of Justice offices in observation of the

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Veterans Day holiday on November 12, 2012, EPA desires additional time to prepare and file its

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reply brief in support of its Motion to Dismiss. In addition, undersigned counsel for the

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government is scheduled to be on travel for a hearing in another matter on November 14 and 15.

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In light of the upcoming Veterans Day holiday and the travel schedule of government counsel,

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EPA requests, with Padres’ consent, that the deadline for its reply brief in further support of its

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Motion to Dismiss be reset for November 16, 2012.

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3.

EPA’s opposition to Padres Motion for Sanctions is due on November 19, 2012,

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the Monday preceding Thanksgiving. Padres requests, with EPA’s consent, that the Court

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extend the deadline for its reply brief two days from November 26, 2012 to November 28, 2012

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to account for the Thanksgiving holiday.

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4.

The parties respectfully submit that good cause exists for the relief requested and

that the requested extensions will not prejudice the Court.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
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undersigned, subject to approval of the Court, that:
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EPA’s reply brief in support of its Motion to Dismiss on Mootness Grounds will

be filed with the Court by November 16, 2012; and

STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES - 2

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2.

Padres’ reply brief in support of its Motion for Sanctions will be filed with the

Court by November 28, 2012.

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Dated: November 9, 2012.

Respectfully submitted,

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/s/ Brent Newell
BRENT NEWELL
Center on Race, Poverty & the Environment
47 Kearny Street, Suite 804
San Francisco, CA 94108
Phone: [phone]
Email: [e-mail]

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Counsel for Plaintiffs
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STUART F. DELERY
Acting Assistant Attorney General
BENJAMIN B. WAGNER
United States Attorney
RACHEL J. HINES
Assistant Director
Federal Programs Branch

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/s/ Andrew Zee
M. ANDREW ZEE (CA Bar #272510)

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Counsel for Defendants

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES - 3

CERTIFICATE OF SERVICE

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I hereby certify that on the 9th day of November, 2012, I electronically transmitted the

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foregoing document and all accompanying attachments to the Clerk of Court using the ECF

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System for filing.

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/s/ Andrew Zee
M. ANDREW ZEE

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IT IS SO ORDERED.

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Dated: November 9, 2012

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UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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