Ecological Rights Foundation v. Pacific Gas and Electric Company

Filing 79

STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Motion Hearing set for 10/21/2010 11:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/17/10. (cl, COURT STAFF) (Filed on 9/17/2010)

*E-Filed 9/17/10* 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 29 30 31
v.

Christopher Sproul (State Bar No. 126398) Jodene Isaacs (State Bar No. 226895) ENVIRONMENTAL ADVOCATES 5135 Anza Street San Francisco, California 94121 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] William Verick (State Bar No. 140972) Klamath Environmental Law Center Fredric Evenson (State Bar No. 198059) Law Offices of Fredric Evenson 424 First Street Eureka, California 95501 Telephone: [phone] Facsimile: [phone] Email: [e-mail], [e-mail] Attorneys for Plaintiff ECOLOGICAL RIGHTS FOUNDATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ECOLOGICAL RIGHTS FOUNDATION, Plaintiff, STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS Civil No. 3:10-CV-00121-RS

PACIFIC GAS AND ELECTRIC COMPANY. Defendant.

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 29 30 31 S
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS

TIPULATION WHEREAS, on August 25, 2010, Defendant Pacific Gas & Electric Company ("PG&E") filed Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim and Proposed Order (Docket Doc. 67) ("Motion to Dismiss"); WHEREAS, on September 7, 2010, the Court issued an order continuing the hearing on the Motion to Dismiss until December 2, 2010, "subject to further rescheduling upon conclusion of the parties' meet and confer negotiations that are to be held pursuant to this order." Docket Doc. 76 at 3 ("Order"); WHEREAS, the Order required the parties to meet and confer to discuss three questions, including whether the legal issues in dispute in this case could most efficiently be resolved on a motion to dismiss rather than a motion for summary judgment; WHEREAS, the parties exchanged letters on September 13 and 14, 2010 in which they agreed that the legal issues in dispute could most efficiently be resolved in PG&E's pending Motion to Dismiss; WHEREAS, the parties have exchanged their initial thoughts regarding the other two questions raised by the Court's Order and scheduled an additional meet and confer session to seek agreement on those matters; WHEREAS, because PG&E's Motion to Dismiss is currently pending and Plaintiff is ready to respond, the parties believe the Motion to Dismiss should be rescheduled at this time; NOW, THEREFORE, the parties do hereby stipulate, by and through counsel, that: 1. The hearing on PG&E's Motion to Dismiss should be calendared for October

21, 2010 to correspond with the Case Management Conference, or another date at the Court's convenience; 2. 3. Plaintiff's Opposition brief should be due on September 30, 2010; PG&E's Reply brief should be due on October 7, 2010; and

Page 1

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 29 30 31 D

ated: September 17, 2010 /s/ Bradley S. Rochlen_____ Bradley S. Rochlen Foley & Lardner LLP 321 North Clark Street, Ste. 2800 Chicago, IL 60654 [phone] [e-mail] ATTORNEYS FOR DEFENDANT PG&E

_________________________ Christopher Sproul Environmental Advocates 5135 Anza Street San Francisco, CA 94121 [phone] [e-mail] ATTORNEYS FOR PLAINTIFF ECOLOGICAL RIGHTS FOUNDATION

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS

Page 2

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 29 30 31
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS

ROPOSED ORDER On September 17, 2010, Plaintiff Ecological Rights Foundation and Defendant Pacific Gas & Electric Company filed a Stipulation and Proposed Order Regarding Briefing Schedule for Motion to Dismiss ("the Stipulation"). Having considered the Stipulation, and good cause appearing, the Court hereby GRANTS the Stipulation and orders as follows: The hearing on PG&E's pending Motion to Dismiss (Docket Doc. 67) shall be set for at 11:00 a.m. October 21, 2010. Plaintiff's Opposition brief shall be filed September 30, 2010. PG&E's Reply brief shall be filed October 7, 2010.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

9/17 Dated: ________________, 2010

____________________________ RICHARD SEEBORG United States District Judge

Page 3

P