Center for Food Safety v. Vilsack

Filing 27

ORDER Setting Briefing Schedule on Federal Defendants' Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer Venue. Signed by Judge Jeffrey S. White on 3/3/2011. (hlk, COURT STAFF) (Filed on 3/3/2011)

Center for Food Safety v. Vilsack

Doc. 27

1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 CENTER FOR FOOD SAFETY, ET AL., Plaintiffs, v. THOMAS J. VILSACK, ET AL., Defendants. / 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 28, 2011, Proposed Intervenor-Defendant Monsanto Company ("Monsanto") filed a motion to intervene with which it submitted a proposed motion to dismiss, transfer venue or stay the case. (Doc. no. 14.) Upon reassignment of this action, Monsanto renoticed the motion to intervene for hearing on April 15, 2011, before the Undersigned. On March 2, 2011, Federal Defendants Vilsack and Animal and Plant Health Inspection Service ("APHIS"), an agency within the United States Department of Agriculture, filed a motion to dismiss for improper venue, or, in the alternative, to transfer venue. (Doc. no. 23.) On March 2, 2011, Plaintiffs filed a motion for temporary restraining order and preliminary injunction. (Doc. no. 25.) In the interests of judicial economy and avoidance of undue delay, the Court will adjudicate Federal Defendants' motion to dismiss or transfer venue before reaching Monsanto's motion to intervene or Plaintiffs' motion for temporary restraining order and preliminary injunction. Accordingly, the Court ORDERS that Plaintiffs shall file an opposition to Federal Defendants' motion to dismiss or transfer venue by 4:00 p.m. PST on March 8, 2011. In their No. C 11-00831 JSW ORDER SETTING BRIEFING SCHEDULE ON FEDERAL DEFENDANTS' MOTION TO DISMISS FOR IMPROPER VENUE OR, IN THE ALTERNATIVE, TO TRANSFER VENUE IN THE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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Dockets.Justia.com

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opposition papers, Plaintiffs must address the question whether the February 4, 2011, EA and FONSI challenged in this action are also at issue in the action filed in the District Court for the District of Columbia, Grant v. Vilsack, No. 11-308 JDB (D.D.C. February 7, 2011) (Sugar Beets III). Federal Defendants shall file a reply by 4:00 p.m. PST on March 11, 2011. The hearing on Federal Defendants' motion to dismiss for improper venue, or, in the alternative, to transfer venue, noticed for April 15, 2011, is hereby VACATED. If the Court determines that oral argument is necessary to decide the matter, it will issue notice of a hearing date. If the parties wish to modify this schedule, they may submit for the Court's consideration a stipulation and proposed order demonstrating good cause for any modification requested. IT IS SO ORDERED.

United States District Court

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For the Northern District of California

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Dated: March 3, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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