Center for Food Safety et al v. Connor et al

Filing 117

ORDER re 116 Status Report and Briefing Schedule. Signed by Judge Jeffrey S. White on 11/3/08. (jjo, COURT STAFF) (Filed on 11/3/2008)

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KEVIN Z. GOLDEN, State Bar No. 233378 Center for Food Safety 2601 Mission Street, Suite 803 San Francisco, CA 94110 T: [phone] / F: [phone] Email: [e-mail] PAUL H. ACHITOFF (Pro Hac Vice) Earthjustice 223 South King Street, Suite 400 Honolulu, HI 96813 T: [phone] / F: [phone] Email: [e-mail] GREGORY C. LOARIE, State Bar No. 215859 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 T: [phone] / F: [phone] Email: [e-mail] Counsel for Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CENTER FOR FOOD SAFETY, et al., Plaintiffs, vs. EDWARD T. SCHAFER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:08-cv-00484-JSW JOINT STATUS REPORT and [PROPOSED] ORDER RE: BRIEFING SCHEDULE

Joint Status Report and Proposed Briefing Schedule ­ No. 3:08-cv-00484-JSW

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Plaintiffs Center for Food Safety et al. and federal defendants Edward T. Schafer et al., by and through their undersigned counsel of record, respectfully submit this joint status report and proposed scheduling order. Plaintiffs brought this action challenging the federal defendants' decision to deregulate genetically engineered sugar beets on January 21, 2008. On April 9, 2008, the parties filed a joint case management statement and proposed briefing schedule (Document 16), pursuant to which plaintiffs on June 2, 2008 filed their opening brief in support of summary judgment and noticed a hearing for September 19, 2008 (Document 89). By Order dated August 4, 2008 (Document 111), the Court continued the September 19, 2008 hearing on plaintiffs' motion for summary judgment pending the resolution of several motions to intervene. On August 15, 2008, the Court issued its order on the motions to intervene, in which it directed the parties to consider whether the intervenor-applicants should be allowed to appear as amici curiae in the liability phase of this litigation (Document 113 at 5). Pursuant to the stipulation of the parties, the Court granted the intervenor-applicants status as amici on September 16, 2008 (Document 115). The parties anticipate that the federal defendants' liability in this administrative record review litigation will be resolved through motions for summary judgment. Accordingly, because all issues relating to the intervenor-applicants' involvement in this case have now been resolved, the parties have agreed upon and respectfully request that the Court adopt the following schedule for the continuation of briefing in this case: December 12, 2008: December 19, 2008: February 2, 2009: February 27, 2009: Federal defendants file their opposition to plaintiffs' motion for summary judgment and cross-motion for summary judgment. Amici file their brief pursuant to the Court's September 16, 2008 Order (Document 115). Plaintiffs file their reply in support of summary judgment and opposition to defendants' cross-motion for summary judgment. Federal defendants file their reply in support of their crossmotion for summary judgment.

The parties request that the Court schedule a hearing on the parties' motions for summary judgment on March 27, 2009, or as soon thereafter as is convenient for the Court and parties.

Joint Status Report and Proposed Briefing Schedule ­ No. 3:08-cv-00484-JSW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 31, 2008 Dated: October 31, 2008

Respectfully submitted, KEVIN Z. GOLDEN, State Bar No. 233378 Center for Food Safety 2601 Mission Street, Suite 803 San Francisco, CA 94110 T: [phone] / F: [phone] Email: [e-mail] PAUL H. ACHITOFF (Pro Hac Vice) Earthjustice 223 South King Street, Suite 400 Honolulu, HI 96813 T: [phone] / F: [phone] Email: [e-mail] /s/ Gregory C. Loarie GREGORY C. LOARIE, State Bar No. 215859 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 T: [phone] / F: [phone] Email: [e-mail] Counsel for Plaintiffs RONALD J. TENPAS Assistant Attorney General /s/ Lori Caramanian (as authorized 10/30/08) LORI CARAMANIAN Environment & Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, Colorado 80294 T: [phone] / F: [phone] Email: [e-mail] CHARLES MICHAEL O'CONNOR Office of the US Attorney 450 Golden Gate Ave, 10th Floor PO Box 36055 San Francisco, CA 94102-3495 T: [phone] / F: [phone] JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JOHN R. COLEMAN (Va. Bar # 70908) Trial Attorney, U.S. Department of Justice 20 Massachusetts Ave., N.W., Room 6118 Washington, D.C. 20530 T: [phone] / F: [phone] Email: [e-mail] Counsel for Defendants

Joint Status Report and Proposed Briefing Schedule ­ No. 3:08-cv-00484-JSW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 3, 2008

[PROPOSED] ORDER Pursuant to the forgoing stipulation of the parties, IT IS SO ORDERED. Federal defendants shall file their opposition to plaintiffs' motion for summary judgment and cross-motion for summary judgment on or before December 12, 2008. Pursuant to the Court's September 16, 2008 Order, amici shall file their brief within seven days after federal defendants file their cross-motion for summary judgment. Plaintiffs shall file their reply in support of summary judgment and opposition to defendants' cross-motion for summary judgment on or before February 2, 2009. Federal defendants shall file their reply in support of their cross motion for summary judgment on or before February 27, 2009. A hearing on the parties motions for summary judgment is scheduled for April 3, 2009 _________________ at _________. 9:00 a.m.

______________________________ HON. JEFFERY S. WHITE UNITED STATES DISTRICT JUDGE

Joint Status Report and Proposed Briefing Schedule ­ No. 3:08-cv-00484-JSW

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