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

Filing 68

ORDER RE SEVENTH CASE MANAGEMENT STATEMENT: SETTLEMENT AGREEMENT TO BE FILED BY 10/8/2013. Signed by Judge Maria-Elena James on 9/24/2013. (mejlc2, COURT STAFF) (Filed on 9/24/2013) Modified on 9/24/2013 (mejlc2, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 David A. Bahr (Oregon Bar No. 90199) Bahr Law Offices, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439 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) Attorneys for Plaintiffs MELINDA HAAG (CSBN 132612) United States Attorney ALEX TSE (CSBN 152348) Acting Chief, Civil Division ABRAHAM A. SIMMONS (CSBN 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, 24 SEVENTH SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT, NOTICE OF SETTLEMENT IN PRINCIPLE AND [PROPOSED] ORDER Plaintiffs, 23 vs. 25 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 26 Defendant. 27 28 Seventh Supplemental Joint Case Management Report, Notice Of Settlement In Principle and [Proposed] Order - 11-846 MEJ 1 BAHR LAW OFFICES, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439 This is an action brought by Plaintiffs pursuant to the Freedom of Information Act, 5 U.S.C. § 1 2 552, to compel production of documents. After protracted settlement discussions and requests for addi- 3 tional time from this Court, as outlined in the Sixth Supplemental Joint Case Management Report, Dkt. 4 No. 65, on August 7, 2013, the Parties reported that they desired additional time to explore settlement of 5 this case. Id. Accordingly, the Court set September 4, 2013 as a deadline for the parties to report their 6 progress in this regard. Dkt. No. 66. The Parties apologize to the Court that they did not submit this re- 7 port by September 4, 2013 as they were in the midst of a flurry of end-stage settlement negotiations and 8 did not want to report back either that they had failed to settle the case or were seeking yet another ex- 9 tension for negotiations. The Parties can now inform the Court that they have agreed in principle on settlement terms re- 10 11 solving this dispute but require additional time for formal approval. Accordingly, they seek an additional 12 three weeks, until October 8, 2013, in which to file a Settlement Agreement with the Court. Respectfully submitted for the Court’s consideration, this 19th day of September, 2013. 13 14 MELINDA HAAG United States Attorney 15 __s/ David Bahr__________________ David Bahr (Oregon Bar No. 901990) Bahr Law Offices, P.C. 1035 ½ Monroe Street 16 17 18 _s/ Abraham Simmons _____ ABRAHAM SIMMONS Assistant United States Attorney Attorneys for Federal Defendant 19 [PROPOSED] ORDER 20 This matter having come before the Court upon the Parties’ Seventh Joint Case Status Report, 21 and good cause appearing; IT IS HEREBY ORDERED that the Parties shall file a Settlement Agreement by October 8, 24 2013. S 24 Dated this _____ day of September, 2013. TED GRAN _________________________________ JUDGE MARIA-ELENA JAMES na James aria-Ele UNITED STATESMDISTRICT COURT Judge R NIA ER H Seventh Supplemental Joint Case Management Report, Notice Of Settlement In Principle and [Proposed] Order - 11-846 MEJ FO RT 28 NO 27 UNIT ED 26 S DISTRICT TE C TA RT U O 25 LI 23 Notice Of Settlement In Principle and proposed order, and the Court being fully advised in the premises 2 A 22 N F D IS T IC T O R C BAHR LAW OFFICES, P.C. 1035 ½ Monroe Street Eugene, OR 97402 (541) 556-6439

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