Center for Biological Diversity v. Environmental Protection Agency et al

Filing 70

ORDER GRANTING 69 12th Joint Case Management Statement and Request for Continuance filed by Center for Biological Diversity. Further Case Management Conference prev. set for 4/10/9 at 1:30 PM, has been re-set for 6/12/2009 at 1:30 PM. Updated joint cmc statement due 6/5/9. Signed by Judge Joseph C. Spero on 04/06/09. (klh, COURT STAFF) (Filed on 4/6/2009)

Case 3:07-cv-02794-JCS

Document 69

Filed 04/03/2009

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Michael W. Graf (CA Bar No. 136172) Law Offices 227 Behrens Street El Cerrito, CA 94530 Telephone: [phone] Facsimile: [phone] [e-mail] Justin Augustine (CA Bar No. 235561) Center for Biological Diversity 351 California St., Suite 600 San Francisco, CA 94104 Tel: [phone] x302 Fax: [phone] [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) CENTER FOR BIOLOGICAL ) DIVERSITY, a non-profit corporation; ) ) Plaintiff, ) ) v. ) ) ENVIRONMENTAL PROTECTION ) AGENCY et al., ) ) Defendants. ) __________________________________ ) ) ) Case No: C-07-02794-JCS TWELFTH JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE; PROPOSED ORDER Date: April 10, 2009 Time: 1:30 p.m. Courtroom A, 15th Floor Honorable Joseph C. Spero

TWELFTH JOINT CASE MANAGEMENT STATEMENT The parties to the above-entitled action submit this Twelfth Joint Case Management Statement, Request for Continuance, and Proposed Order and request the Court to adopt it as its Case Management Order in this case. REQUEST FOR CMC CONTINUANCE On September 21, 2007, the Court held a case management conference in this matter. At the
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CMC, counsel for plaintiff and defendants stated their preference for pursuing settlement rather than moving forward with briefing on the allegations in Plaintiff's complaint that Defendants are currently in violation of Section 7 of the Endangered Species Act ("ESA"), 16 U.S.C. § 1536(a)(2), regarding the impacts of certain pesticide registrations (as specifically identified in the Complaint) on eleven endangered and threatened species occurring in the San Francisco Bay Area. Since the September 21, 2007 CMC, the parties have exchanged settlement proposals and discussed the potential for settlement of this case. On October 16, 2007, the parties submitted a Second Joint Case Management Statement and requested additional time for settlement discussions. On October 22, 2007, the Court continued the case management conference until November 30, 2007. On November 20, 2007, the parties submitted their Third Joint Case Management Statement requesting additional time to negotiate settlement, and on November 21, 2007, the Court continued the case management conference until January 18, 2008. On January 11, 2008, the parties submitted their Fourth Joint Case Management Statement requesting additional time to negotiate settlement, and on January 14, 2008, the Court continued the case management conference until March 14, 2008. On March 14, 2008, a Case Management Conference was held, as well as a Motion Hearing on Proposed Intervenor Defendants' Motions to Intervene. On March 19, 2008, the Court issued an Order granting in part and denying in part the Motions to Intervene and consequently, Intervenor Defendants CropLife America, RISE-Responsible Industry for a Sound Environment, and Reckitt Benckiser are now involved in the remedy phase of this case. Since March, the parties have discussed further settlement proposals and believe significant progress has been made. In May, July, and September, and November, January, and February, the parties submitted their Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Case Management Statements which the Court adopted. Since then, further discussions have been held and additional progress made. Plaintiff and Federal Defendants believe that they are very close now to agreement on a draft settlement. Once a draft settlement is agreed upon, the Plaintiff and Federal Defendants have agreed
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that the Federal Defendants will submit a draft of the settlement agreement to the Federal Register in order to solicit and receive public comment. The Parties intend to make their best efforts to reach agreement on the draft settlement in time for the Federal Defendants to submit the draft settlement to the Federal Register by May 10, 2009. The public comment period will last 15 days, and afterwards, the Parties will need additional time to address any public comments received before finalizing an agreement to submit to this court. Therefore, the Parties respectfully request that the Case Management Conference be postponed from April 10, 2009, to June 12, 2009.

DATED: April 3, 2009

/s/_Justin Augustine Michael W. Graf (CA Bar No. 136172) Law Offices 227 Behrens Street El Cerrito, CA 94530 Telephone: [phone] Facsimile: [phone] [e-mail] Justin Augustine (CA Bar No. 235561) Center for Biological Diversity 351 California St., Suite 600 San Francisco, CA 94104 Tel: [phone] x302 Fax: [phone] [e-mail] Attorneys for Plaintiff John C. Cruden Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief SETH M. BARSKY, Assistant Chief _/s/ Erik Petersen_______________ ERIK PETERSEN U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

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Twelfth Joint Case Management Statement and Request for Continuance; Proposed Order

/s/ Thomas W. Stoever, Jr. Thomas W. Stoever, Jr. (Cal. Bar No. 150056) ARNOLD & PORTER LLP 370 Seventeenth Street Suite 4500 Denver, Colorado 80202-1370 Telephone: [phone] Facsimile: [phone] Attorney for Intervenor-Defendant Reckitt Benckiser, Inc. /s/ J. Michael Klise J. Michael Klise (pro hac vice) [e-mail] Steven P. Quarles (pro hac vice) [e-mail] Thomas R. Lundquist (D.C. Bar No. 968123) CROWELL & MORING LLP 1001 Pennsylvania Ave., NW Washington, D.C. 20004-2595 Telephone: [phone] Facsimile: [phone] Attorneys for Intervenor-Defendant CropLife America and RISE-Responsible Industry for a Sound Environment

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CASE MANAGEMENT ORDER

The Case Management Statement and Proposed Order is hereby adopted by the Court as the

4 Case Management Order for the case. 5 6 IT IS HEREBY ORDERED THAT: 7 8 1. The case management conference scheduled for April 10, 2009 is continued to June

9 12, 2009 at 1:30 p.m.. 10 11 12 13 14 6 Dated: April___, 2009.
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An updated joint case management conference statement shall be due by June 5, 2009.

IT IS SO ORDERED
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Honorable Joseph C. Spero
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