Sierra Club et al v. Jackson et al

Filing 16

ORDER GRANTING AS MODIFIED 15 Stipulation to Continue Case Management Conference: Case Management Statement due by 12/2/2011. Case Management Conference set for 12/9/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 10/17/11. (jjoS, COURT STAFF) (Filed on 10/17/2011)

Case3:11-cv-03106-JSW Document15

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SIERRA CLUB and MEDICAL
5 ~ ADVOCATES FOR HEALTHY AIR,
Plaintiffs,

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v.

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No. C11-03106 JSW
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT
REQUIREMENTS PENDING
COMPLETION OF SETTLEMENT
DISCUSSIONS

8 LISA JACKSON,in her official capacity as
administrator of the U.S. Environmental
9 Protection Agency, and JARED
BLUMENFELD,in his official capacity as
10 Regional Administrator for Region 9 ofthe
U.S. Environmental Protection Agency,
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Defendants.
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Plaintiffs and Defendants, by and through counsel, hereby jointly stipulate to a continuance
of the case management conference requirements applicable to this case, pending completion of
ongoing settlement discussions. The case management conference in this matter is currently
scheduled for October 21,ZOl1. In support hereof, the parties state as follows:

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1.
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This case involves claims that the United States Environmental Protection Agency has failed

to undertake certain nondiscretionary duties under the Clean Air Act,42 U.S.C. §§ 7401-7671q.

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2.

Plaintiffs and Defendants have been actively discussing settlement and are optimistic that a

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settlement will be reached in this matter.
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3.
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In light of the ongoing settlement discussions, the parties request that case management

requirements -- including the case management statement and the case management conference
currently set for October 21, 2011 -- be continued. If allowed, the parties would submit by
December 1, 2011, a joint report advising ofthis matter's status and offering suggestions for further

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proceedings.
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Respectfully submitted October 14, 2011
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s/ Martin F. McDermott
MARTIN F. MCDERMOTT,Trial Attorney
United States Department of Justice
Environment &Natural Resources Division
Environmental Defense Section
P.O. Box 23986
Washington, D.C. 20026-3986
(202)S14-4122
Counselfor Defendants

Case3:11-cv-03106-JSW Document15

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s/ Wend~Park
WENDY PARK,Associate Attorney
Earthjustice
426 17TH St., 5th Floor
Oakland, CA 94612
510-550-6725
Counselfor Plaintiffs

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6 PURSUANT TO STIPULATION,IT IS ORDERED THAT:
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The case management conference in this matter, currently set for October 21, 2011, is hereby
continued to a date to be determined. December 9, 2011 at 1:30 p.m.

2.

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On or before December 1, 2011, the parties will file a joint report advising the Court of this
matter's status and offering suggestions for further proceedings.

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Dated: October 17, 2011
UNITED STATES DISTRICT JUDGE

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