The Sierra Club et al v. United States Environmental Protection Agency

Filing 12

ORDER EXTENDING TIME TO RESPOND re 10 Stipulation filed by United States Environmental Protection Agency. Signed by Judge Maria-Elena James on 12/29/2009. (mejlc1, COURT STAFF) (Filed on 12/29/2009)

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

JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THE SIERRA CLUB and ENVIRONMENTAL INTEGRITY PROJECT, Plaintiffs, v. ENVIRONMENTAL PROTECTION AGENCY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-5662 MEJ STIPULATION TO EXTEND TIME; PROPOSED ORDER

On December 1, 2009, Plaintiff filed the above captioned action. The United States Attorney's Office was served on December 7, 2009. Defendant will make its best efforts to locate and release the requested documents within the next three and a half months, and the parties are hopeful they will be able to reach an out of court settlement within the next 45 days. Accordingly, the parties hereby stipulate, subject to the approval of the Court, to extend the time for Defendant to answer the complaint by 45 days, from January 6, 2010 to February 22, 2010. The parties propose the following modifications to the current case schedule: Answer: February 22, 2010

ADR Certification and Stipulation: February 25, 2010
STIPULATION C 09-5662 MEJ

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

The dates for the Case Management Statement and Case Management Conference shall remain the same. Dated: December 22, 2009 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorney for Defendant

Dated: December 23, 2009

/s/ DAVID A. BAHR Attorney for Plaintiffs PROPOSED ORDER

Pursuant to the stipulation of the parties, IT IS SO ORDERED. Defendant's Answer shall be due February 22, 2010. The parties shall file the ADR Certification and file either a Stipulation to ADR Process or Notice of Need for ADR phone conference by February 25, 2010. The Case Management Statement shall be filed on March 4, 2010, and the Case Management Conference shall be held on March 11, 2010, at 10:00 a.m.

MARIA-ELENA JAMES United States Magistrate Judge

I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.
STIPULATION C 09-5662 MEJ

1