Baykeeper et al v. United States Environmental Protection Agency et al

Filing 18

ORDER RE: FURTHER STATUS REPORT. Joint Statement is due 1/15/10. (SI, COURT STAFF) (Filed on 11/13/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAYKEEPER, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 07-0725 SI ORDER RE: FURTHER STATUS REPORT

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants. /

The parties' Joint Status Report filed November 6, 2009, states that two petitions for certiorari were filed in the Nat'l Cotton Council v. EPA action on November 3, 2009. None of the parties; in this action filed a petition, and the parties view it as only "remotely possible" that the Supreme Court would address any jurisdictional issues relevant to this case, even if it accepts the case for hearing. Nevertheless, plaintiffs' counsel request that this action remain stayed until the Supreme Court acts. This Court will extend the stay in this action only until January 15, 2010. If by that time the Supreme Court has acted, the parties may so inform this Court. If it has not acted by that time, this Court contemplates that plaintiffs will, as they have been suggesting for some time now, dismiss this action. Accordingly, on or before January 15, 2010, the parties are ORDERED to provide a joint status report, providing the status of the certiorari petitions and, in the event there has been no action, a proposal for dismissal of this action.

IT IS SO ORDERED. Dated: November 13, 2009 SUSAN ILLSTON United States District Judge