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

Filing 53

ORDER re 52 Status Report filed by The Sierra Club, Environmental Integrity Project, United States Environmental Protection Agency Updated Status Report due by 11/21/2012. Signed by Judge Maria-Elena James on 9/21/2012. (cdnS, COURT STAFF) (Filed on 9/21/2012)

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Attorneys for Plaintiffs
MELINDA HAAG (132612)
United States Attorney
SARA WINSLOW (DCBN 457643)
Acting 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]
Attorneys for Federal Defendant
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

THE SIERRA CLUB and ENVIRONMENTAL
22 INTEGRITY PROJECT,

JOINT CASE MANAGEMENT
REPORT

Plaintiffs,

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es

lena Jam

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aria-E
Judge M

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Elena Saxonhouse (California Bar. No. 235139)
Sierra Club Environmental Law Program
85 Second St., 2nd Floor
San Francisco, CA 94105
[phone]
[phone] (facsimile)
[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]

UNIT
ED

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vs.

25 UNITED STATES ENVIRONMENTAL
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.
After the parties completed briefing cross-motions for summary judgment, but before oral argu-

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ment on same, on May 20, 2012, the Court vacated the scheduled hearing and ordered the parties to

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meet and confer in her chambers on May 30, 2012. Dkt. No. 50. After fruitful discussion in chambers,

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the parties agreed to continue with informal settlement discussions in an effort to resolve this matter

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without further litigation. Accordingly, the parties engaged in a number of direct and informal settlement
conference calls and have exchanged a settlement proposal. Additionally, the Parties wish to inform the
Court that recent EPA enforcement activities involving Luminant Generation Company may impact EIP
and Sierra Club’s interest in the documents at issue in this matter. Unfortunately, the parties have not

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yet been able to obtain consensus on how to settle the case. They therefore desire additional time in

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which to explore a negotiated resolution to this dispute.

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Accordingly, the parties propose that they be provided an additional two months in which to attempt to conclude their settlement negotiations and report back to the Court on the status of same no later than November 21, 2012.
Respectfully submitted for the Court’s consideration, this 20th day of September, 2012.
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]
Joint Case Management Report
11-846 MEJ

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

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