Sierra Club et al v. Jackson et al

Filing 25

ORDER GRANTING 24 STIPULATION extending date for Defendants to answer or otherwise plead and continuing case management conference. Case Management Statement due by 4/13/2012. Initial Case Management Conference set for 4/20/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 1/31/12. (jjoS, COURT STAFF) (Filed on 1/31/2012)

Case3:11-cv-03106-JSW Document24 Filed01/27/12 Page1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
L!

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SIERRA CLUB and MEDICAL
ADVOCATES FOR HEALTHY AIR,

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Plaintiffs,
v.

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9 LISA JACKSON,in her official capacity as
administrator of the U.S. Environmental
10 Protection Agency, and JARED
BLUMENFELD,in his official capacity as
11 Regional Administrator for Region 9 of the
U.S. Environmental Protection Agency,
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Defendants.
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No. C11-03106 JS W
JOINT STIPULATION TO EXTEND
DATE FOR DEFENDANTS TO ANSWER
OR OTHERWISE PLEAD AND TO
CONTINUE CASE MANAGEMENT
REQUIREMENTS PENDING
COMPLETION OF SETTLEMENT
DISCUSSIONS

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Plaintiffs and Defendants, by and through counsel, hereby jointly stipulate (1)to a further
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extension of time for Defendants to answer or otherwise plead to Plaintiffs' complaint, and (2)to a
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further continuance of the case management conference requirements applicable to this case, pending
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completion of ongoing settlement discussions. Defendants' responsive pleading is otherwise due
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January 27,2012, and the case management conference in this matter is currently scheduled

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for February 10, 2012. 'In support hereof, the parties state as follows:
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1.

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

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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 have reached a

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tentative settlement of this matter, subject to appropriate approvals by government officials.
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3.

In light ofthe foregoing, the parties request that Defendants' responsive pleading be due on

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or before March 30, 2012, and that all case management requirements — including the case
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management statement and the case management conference currently set for February 10,
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2012 — be continued to a date and time on or after April 13, 2012.
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Respectfully submitted January 27, 2012

s/ Martin F. McDermott
MARTIN F. MCDERMOTT,Trial Attorney
United States Department of Justice
Environment &Natural Resources Division
Environmental Defense Section

Case3:11-cv-03106-JSW Document24 Filed01/27/12 Page2 of 3

P.O. Box 7611
Washington, D.C. 20044
[phone]
Counselfor Defendants

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s/ Wendv Park
WENDY PARK, Associate Attorney
Earthjustice
426 17th St., 5th Floor
Oakland, CA 94612
415-217-2000
Counselfor Plaintiffs

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8 PURSUANT TO STIPULATION,IT IS ORDERED THAT:
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Defendants shall answer or otherwise plead to the Complaint on or before March 30, 2012,
and the case management conference in this matter, currently set for February 10, 2012, is hereby

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,2012 at 1:30 p.m.

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January 31, 2012
Dated:
UNITED STATES DISTRICT JUDGE

Case3:11-cv-03106-JSW Document24 Filed01/27/12 Page3 of 3

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CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of January, 2012, a copy of the foregoingJOINT
STIPULATION TO EXTEND DATE FOR DEFENDANTS TO ANSWER OR OTHERWISE
3 PLEAD AND TO CONTINUE CASE MANAGEMENT REQUIREMENTS PENDING
COMPLETION OF SETTLEMENT DISCUSSIONS was filed and served through the Court's
4 CM/ECF system.
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s/ Martin F. McDermott
MARTIN F. MCDERMOTT,Trial Attorney
United States Department of Justice