Center for Biological Diversity v. Whitman et al

Filing 267

ORDER DENYING 265 MOTION to Appear by Telephone; GRANTING Motion for Andrea Morgan to personally appear.. Signed by Judge Jeffrey S. White on 7/10/13. (jjoS, COURT STAFF) (Filed on 7/10/2013)

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ANDREA HOGAN
(CA Bar No. 238209)
LATHAM & WATKINS LLP
505 Montgomery St., Suite 2000
San Francisco, CA. 94111-6538
Tel: [phone]
Fax: [phone]
[e-mail]

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JANICE M. SCHNEIDER*
(D.C. Bar No. 472037)
LATHAM & WATKINS LLP
555 11TH Street, NW, Suite 1000
Washington, DC 20016
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Intervenor-Defendant Syngenta
Crop Protection

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*Admitted pro hac vice

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CENTER FOR BIOLOGICAL
DIVERSITY,
Plaintiff,

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PERCIASEPE1

(The Honorable Jeffrey S. White)
Defendants,

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[L.R. 7-11]
and

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CROPLIFE AMERICA, AMERICAN
FOREST & PAPER ASSOCIATION,
WESTERN PLANT HEALTH
ASSOCIATION, OREGONIANS FOR
FOOD AND SHELTER, and SYNGENTA
CROP PROTECTION, INC.,

Date: July 12, 2013
Time: 9:00 am
Place: Courtroom 11 – 19th Floor

Intervenor-Defendants.

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UNOPPOSED ADMINISTRATIVE MOTION
TO APPEAR TELEPHONICALLY AT
MOTION HEARING

v.

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CASE NO. 02-CV-1580-JSW
(Related to 11-CV-5108-JSW)

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Robert Perciasepe replaces Christine Todd Whitman per F.R.C.P. 25(d).

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Case Number: 02-cv-1580-JSW
MOTION TO APPEAR BY TELEPHONE AT
MOTION HEARING

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On May 17, 2013, CropLife America filed a Motion to Dismiss and in Opposition to

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Settlement in Center for Biological Diversity v. U.S. Fish and Wildlife Service, Case No. 11-CV-

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5108-JSW (Docket No. 64). On the same date, CropLife America filed a Motion to Enforce

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Stipulated Injunction in the instant case, Center for Biological Diversity v. Whitman, Case No. 02-

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CV-1580-JSW (Docket No. 259). On May 15, 2013, this Court set the motions for hearing on July

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12, 2013 at 9:00 am (Docket No. 258). On July 9, 2013, the Court granted the Federal Defendants’

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unopposed motion for agency counsel to appear by telephone at the July 12 hearing (Docket No.
264).
Syngenta Crop Protection, Inc. (Syngenta) is not a party to case number 11-CV-5108 and it

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does not seek to participate in that matter. Syngenta is a party, however, to case number 02-CV-

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1580, which has been dormant for over six years. Counsel for Syngenta, Ken Weinstein, has retired

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from the practice of law, and other attorneys involved in the case have also left the law firm. Janice

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Schneider resides in Washington, DC, and because (i) the undersigned counsel has not been able to
receive authorization to fly to San Francisco and (ii) the Court has granted participation by telephone

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by other parties, counsel respectfully requests the opportunity to appear in the hearing on case

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number 11-CV-5108 by telephone. Ms. Schneider’s direct dial is [phone]. Andrea Hogan,
Latham & Watkins LLP, is available to attend the hearing in person if the Court so instructs. This

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motion is unopposed.

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Dated: July 10, 2013

Respectfully submitted,

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/s/ Janice M. Schneider
JANICE M. SCHNEIDER*
(D.C. Bar No. 472037)
LATHAM & WATKINS LLP
555 11TH Street, NW, Suite 1000
Washington, DC 20016
Tel: [phone]
Fax: [phone]
[e-mail]

/s/ Andrea Hogan
ANDREA HOGAN
(CA Bar No. 238209)
LATHAM & WATKINS LLP
505 Montgomery St., Suite 2000
San Francisco, CA. 94111-6538
Tel: [phone]
Fax: [phone]
[e-mail]

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** admitted pro hac vice in Case No. 02-CV-1580

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Case Number: 02-cv-1580-JSW

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MOTION TO APPEAR BY TELEPHONE AT
MOTION HEARING

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[PROPOSED] ORDER

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This Court has been moved to allow counsel for Syngenta Crop Protection, Inc. to
telephonically attend the motion hearing scheduled for July 12, 2013. This motion is unopposed. The
Andrea Morgan
Court has reviewed the motion and grants the motion for counsel to telephonically attend the motion

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hearing in Case Number 02-CV-1580, scheduled for July 12, 2013 at 9:00 am.

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IT IS SO ORDERED.

10th
DATED this ____ day of July, 2013.
__________________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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DC\2653436.1

Case Number: 02-cv-1580-JSW
ORDER ON MOTION TO APPEAR BY TELEPHONE AT
MOTION HEARING