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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9 10 11 12 13 14 15 16 17 18 ER N R NIA FO F D IS T IC T O R C 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: (415) 436-7264 Facsimile: (415) 436-6748 Email: Attorneys for Federal Defendant IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 19 20 21 Case No. C-11-0846-MEJ THE SIERRA CLUB and ENVIRONMENTAL 22 INTEGRITY PROJECT, JOINT CASE MANAGEMENT REPORT Plaintiffs, 23 24 es lena Jam H 8 RT 7 aria-E Judge M LI 6 Elena Saxonhouse (California Bar. No. 235139) Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (facsimile) TED A 5 GRAN RT U O 4 S DISTRICT TE C TA NO 3 S 2 David A. Bahr (Oregon Bar No. 90199) Bahr Law Offices, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439 UNIT ED 1 vs. 25 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 26 Defendant. 27 28 Joint Case Management Report 11-846 MEJ 1 BAHR LAW OFFICES, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439 1 2 3 4 5 6 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- 7 ment on same, on May 20, 2012, the Court vacated the scheduled hearing and ordered the parties to 8 meet and confer in her chambers on May 30, 2012. Dkt. No. 50. After fruitful discussion in chambers, 9 the parties agreed to continue with informal settlement discussions in an effort to resolve this matter 10 11 12 13 14 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 15 yet been able to obtain consensus on how to settle the case. They therefore desire additional time in 16 which to explore a negotiated resolution to this dispute. 17 18 19 20 21 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 22 23 24 25 26 27 28 __s/ David Bahr__________________ David Bahr (Oregon Bar No. 901990) Bahr Law Offices, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439 Joint Case Management Report 11-846 MEJ _s/ Abraham Simmons _____ ABRAHAM SIMMONS Assistant United States Attorney Attorneys for Federal Defendant 2 BAHR LAW OFFICES, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439

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