United States of America v. Pacific Gas & Electric Company

Filing 95

ORDER Motion Hearing set for 1/21/2011 09:00 AM. (tf, COURT STAFF) (Filed on 11/10/2010)

United States of America v. Pacific Gas & Electric Company

Doc. 95

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W. BENJAMIN FISHEROW - DC Bar No.: 964734 Deputy Chief Environmental Enforcement Section ANGELA MO Trial Attorney BRADLEY R. O'BRIEN - CA Bar No.: 189425 Senior Attorney Environmental Enforcement Section United States Department of Justice 601 D Street, NW Washington, DC 20004 Tel.: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, and COMMUNITIES FOR A BETTER ENVIRONMENT, Intervenor-Plaintiff, v. PACIFIC GAS and ELECTRIC COMPANY. Defendant, and COMMUNITIES FOR A BETTER ENVIRONMENT, Intervenor-Plaintiff, v. BAY AREA AIR QUALITY MANAGEMENT DISTRICT, and JACK BROADBENT, in his capacity as AIR POLLUTION CONTROL OFFICER OF BAY AREA AIR QUALITY MANAGEMENT DISTRICT. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 09-4503 SI UNOPPOSED REQUEST BY PLAINTIFF UNITED STATES TO RESCHEDULE HEARING AND [PROPOSED] ORDER

UNOPPOSED REQUEST BY PLAINTIFF UNITED STATES TO RESCHEDULE HEARING AND [PROPOSED] ORDER ­ CIVIL ACTION NO. 09-4503 SI
Dockets.Justia.com

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Due to a conflict with international travel previously scheduled by the United States's lead counsel, Plaintiff the United States respectfully requests that the Court reschedule the hearing currently calendared for December 16, 2010, to December 1, 2, or 3, 2010. [See Docket No. 93 (continuing November 10 hearing to December 16).] Alternatively, the United States requests that the hearing be rescheduled for a date during January 10 through 27, 2011, or January 31, 2011. The other parties--Pacific Gas & Electric Company ("PG&E"), Communities for a Better Environment ("CBE"), and the Bay Area Air Quality Management District and Jack Broadbent (collectively "the District")--do not oppose this request. The hearing's purpose is to hear the United States's Motion to Enter the Second Amended Consent Decree and the District's Motion to Dismiss. Subject to the Court's convenience, because the parties do not wish to delay resolution of the outstanding motions, they prefer the hearing to be rescheduled for December 1, 2, or 3 rather than January, if possible. I, Bradley R. O'Brien, attest that concurrence in the filing of this Unopposed Request has been obtained from David Farabee, attorney for Defendant PG&E; Deborah N. Behles, attorney for Intervenor-Plaintiff CBE; and Alexander G. Crockett, attorney for Defendant the District.

Respectfully submitted, FOR THE UNITED STATES OF AMERICA

Date

November 5, 2010

/s/ Bradley R. O'Brien W. BENJAMIN FISHEROW ANGELA MO BRADLEY R. O'BRIEN United States Department of Justice

FOR PACIFIC GAS and ELECTRIC COMPANY

November 5, 2010

/s/ David Farabee DAVID FARABEE Pillsbury Winthrop Shaw Pittman LLP

UNOPPOSED REQUEST BY PLAINTIFF UNITED STATES TO RESCHEDULE HEARING AND [PROPOSED] ORDER ­ CIVIL ACTION NO. 09-4503 SI 2

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FOR COMMUNITIES FOR A BETTER ENVIRONMENT

Date

November 5, 2010

/s/ Deborah N. Behles HELEN H. KANG DEBORAH N. BEHLES ADRIENNE BLOCH Communities for a Better Environment

FOR THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT

Date

November 5, 2010

/s/ Alexander G. Crockett BRIAN C. BUNGER ALEXANDER G. CROCKETT Bay Area Air Quality Management District

UNOPPOSED REQUEST BY PLAINTIFF UNITED STATES TO RESCHEDULE HEARING AND [PROPOSED] ORDER ­ CIVIL ACTION NO. 09-4503 SI 3

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 IT IS SO ORDERED. GOOD CAUSE APPEARING, January 21, 2011 The December 16, 2010, hearing is hereby rescheduled for _____________________________, 9:00 a.__ beginning at _______m.. The Court will hear the United States's Motion to Enter the Second Amended Consent Decree and the Bay Area Air Quality Management District's Motion to Dismiss the complaint filed by Communities for a Better Environment. [PROPOSED] ORDER

____________________ Date

____________________________________ SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER ­ CIVIL ACTION NO. 09-4503 SI

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