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

Filing 15

ORDER EXCUSING PARTIES FROM ADR PROCESS re 14 Joint MOTION to be excused from the ADR process filed by United States Environmental Protection Agency. Signed by Judge Maria-Elena James on 2/25/2010. (mejlc1, COURT STAFF) (Filed on 2/25/2010)

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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 JOINT MOTION TO BE EXCUSED FROM THE FORMAL ADR PROCESS and PROPOSED ORDER

Each of the undersigned certifies that he or she has read either the handbook entitled "Dispute Resolution Procedures in the Northern District of California," or the specified portions of the ADR Unit's Internet site <www.adr.cand.uscourts.gov>, discussed the available dispute resolution options provided by the court and private entities, and considered whether this case might benefit from any of them. Here, the parties agree that referral to a formal ADR process will not be beneficial because this action is limited to Plaintiffs' request that the Court order Defendant to provide Plaintiffs with the information it seeks. Defendant is in the process of releasing sought documents to Plaintiffs. Given the substance of the action and the lack of any potential middle ground, ADR will only serve
JOINT MOTION RE: ADR C 09-5662 MEJ

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to multiply the proceedings and unnecessarily tax court resources. Accordingly, pursuant to ADR L.R. 3-3(c), the parties request the case be removed from the ADR Multi-Option Program and that they be excused from participating in the ADR phone conference and any further formal ADR process. Dated: February 24, 2010 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorney for Defendant Dated: February 24, 2010 /s/ DAVID A. BAHR Attorney for Plaintiffs PROPOSED ORDER IT IS SO ORDERED. The parties are hereby excused from the ADR process. Dated: February 25, 2010 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.
JOINT MOTION RE: ADR C 09-5662 MEJ

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