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

Filing 23

ORDER Motions due by 1/13/2012. Responses due by 2/10/2012. Cross Motions due by 2/10/2012. Replies due by 3/9/2012. Motion Hearing set for 5/10/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco. Signed by Judge Maria-Elena James on 11/21/2011. (cdnS, COURT STAFF) (Filed on 11/21/2011)

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-Elena J

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Judge M

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MELINDA HAAG (132612)
United States Attorney
JOANN M. SWANSON (SBN 88143)
Chief, Civil Division
ABRAHAM A. SIMMONS (SBN 146400)
Assistant United States Attorney
450 Golden Gate Avenue, 9th Floor
San Francisco, California 94102-3495
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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Kristin Henry (California Bar. No. 220908)
Sierra Club Environmental Law Program
85 Second St., 2nd Floor
San Francisco, CA 94105
[phone]
[e-mail]

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David A. Bahr (Oregon Bar No. 90199)
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]
[e-mail]

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Attorneys for Federal Defendant

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Case No. C-11-0846-MEJ

21 THE SIERRA CLUB and ENVIRONMENTAL
INTEGRITY PROJECT,
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Plaintiffs,
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JOINT CASE MANAGEMENT
REPORT

vs.

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UNITED STATES ENVIRONMENTAL
25 PROTECTION AGENCY,
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Defendant.

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Joint Case Management Report
11-846 MEJ

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BAHR LAW OFFICES, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]

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This is an action brought by Plaintiffs pursuant to the Freedom of Information Act, 5 U.S.C. §
552, to compel production of documents. The information request upon which this suit is based, sought
information submitted to defendant relating to the operations of coal-fired power plants owned by the
Luminant corporation. On June 6, 2011, the Court referred the parties to a formal mediation process and
appointed mediator Daniel Bowling, to provide guidance for settlement discussions. Dkt. Nos. 17 and

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18, respectively. On June 27, 2011, the Court adopted the parties’ proposed stipulation on mediation and

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briefing schedule. Dkt. No. 20. The order adopting the parties’ stipulation called for the parties to report

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back to the Court regarding the status of their mediation efforts by October 1, 2011. The parties apolo-

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gize to the Court that they did not submit this report by October 1, 2011.

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The parties report to the Court that, with the assistance of mediator Daniel Bowling, they have
engaged in a number of formal settlement conference calls, have exchanged proposals and have attempted to involve the Luminant corporation in the formal mediation process. The parties hoped that

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with Luminant’s participation, defendant might be released from the time consuming process of inde-

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pendently evaluating Luminant’s claims of confidentiality for the records at issue. Unfortunately, after

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an extended period, Luminant, declined to voluntarily participate in the mediation process.

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The parties report that despite their efforts to explore settlement options, they do not believe that
further resort to the Court’s mediation program is reasonably likely to resolve this matter and therefore

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jointly request this matter be placed back on a briefing schedule. The parties propose the following

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Joint Case Management Report
11-846 MEJ

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BAHR LAW OFFICES, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]

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schedule for briefing dispositive motions in this case:

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Defendant’s Motion for Summary Judgment:
Plaintiffs’ Opposition, Cross-Motion:
Defendant’s Reply, Opposition:
Plaintiffs’ Reply:
Hearing:

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January 13, 2012
February 10, 2012
March 9, 2012
April 6, 2012
May 10, 2012, at 10:00 a.m.

Respectfully submitted for the Court’s consideration, this 17th day of November, 2011.

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MELINDA HAAG
United States Attorney

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__s/ David Bahr__________________
David Bahr (Oregon Bar No. 901990)
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]
[e-mail]

_s/ Abraham Simmons _____
ABRAHAM SIMMONS
Assistant United States Attorney
Attorneys for Federal Defendant

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Joint Case Management Report
11-846 MEJ

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BAHR LAW OFFICES, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]