Center for Biological Diversity v. Jackson et al

Filing 9

ORDER EXTENDING ANSWER DEADLINE AND CONTINUING INITIAL DISCLOSURE, ADR DEADLINES, AND CASE MANAGEMENT CONFERENCE. EPA's time for responding to plaintiff's complaint is extended to September 27, 2010. The deadline to meet and confer is conti nued to October 21, 2010. The deadline to file initial disclosures, a Case Management Statement, and a Rule 26(f) Report is continued to November 4, 2010. The Case Management Conference is continued from August 13, 2010 to November 12, 2010. Signed by Judge Maxine M. Chesney on June 24, 2010. (mmclc1, COURT STAFF) (Filed on 6/24/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division ADAM J. KATZ (DC BAR NO. 502776) Trial Attorney United States Department of Justice Environmental Defense Section P.O. Box 23986 Washington, DC 20026-3986 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. LISA JACKSON, in her official capacity as Administrator of the United States Environmental Protection Agency, and ENVIRONMENTAL PROTECTION AGENCY, Defendants. Case No. 3:10-cv-01846-MMC STIPULATION AND ORDER TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR DEADLINES, AND CASE MANAGEMENT CONFERENCE

STIPULATION AND ORDER TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR DEADLINES, AND CASE MANAGEMENT CONFERENCE -1-

Case No. 3:10-cv-01846-MMC

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WHEREAS, on April 29, 2010, Plaintiff Center for Biological Diversity filed a complaint in the above-captioned matter against the United States Environmental Protection Agency and its Administrator, Lisa Jackson (collectively, "EPA"), alleging that EPA has failed to undertake certain nondiscretionary duties under the Clean Air Act, 42 U.S.C. §§ 7401-7671q; WHEREAS, Plaintiff and EPA seek to resolve this case through settlement, thereby reducing litigation expenses and preserving this Court's resources, and are currently engaged in settlement discussions; WHEREAS, any final settlement of this case must be approved by authorized officials at

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STIPULATION AND ORDER TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR DEADLINES, AND CASE MANAGEMENT CONFERENCE -2-

the United States Department of Justice and EPA, a process that can take several weeks; WHEREAS, at least 30 days before any final settlement of this matter can be entered, EPA must provide notice of such settlement in the Federal Register and an opportunity for public comment pursuant to Section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g); WHEREAS, no previous requests for extensions of time or continuances have been filed in this case, and the parties believe that the requested extensions and continuances below will not adversely affect the schedule of this case; NOW THEREFORE the parties, pursuant to Local Rules 6-2 and 7-12, Plaintiff and EPA hereby stipulate to the following: 1. EPA's time for responding to Plaintiff's complaint is extended by 91 days, to September 27, 2010; 2. The parties' deadline to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery planning is continued to October 21, 2010; 3. The parties' deadline to file initial disclosures, a Case Management Statement, and a

Case No. 3:10-cv-01846-MMC

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4. The initial case management conference is continued until November 12, 2010, or a date thereafter set by the Court.

COUNSEL FOR DEFENDANTS: Dated: June 23, 2010 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/ Adam J. Katz ADAM J. KATZ Trial Attorney United States Department of Justice Environmental Defense Section P.O. Box 23986-3986 Washington, DC 20026-3986 Telephone: [phone] Facsimile: [phone] Email: [e-mail] COUNSEL FOR PLAINTIFF: Dated: June 23, 2010 /s/ Robert Ukeiley (with permission) ROBERT UKEILEY (pro hac vice) Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, the Case Management Conference is CONTINUED to November 12, 2010. June 24, 2010 Dated: _______________ HON. MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

STIPULATION AND ORDER TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR DEADLINES, AND CASE MANAGEMENT CONFERENCE -3-

Case No. 3:10-cv-01846-MMC