Basel Action Network et al v. U.S. Environmental Protection Agency et al

Filing 45

STIPULATION AND ORDER RESETTING CMC re 44 STIPULATION WITH PROPOSED ORDER re 42 Stipulation and Order, Set Deadlines/Hearings,, filed by U.S. Environmental Protection Agency, Lisa P. Jackson Case Management Statement due by 9/21/2012. Case Management Conference set for 9/28/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/10/12. (bpf, COURT STAFF) (Filed on 8/10/2012)

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IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
LESLIE M. HILL (D.C. Bar No. 476008)
[e-mail]
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No.: CV-11-06185-EMC

BASEL ACTION NETWORK, et al. ,
Plaintiffs,

JOINT STIPULATION FOR CASE
MANAGEMENT CONFERENCE
RESCHEDULING, STIPULATION
EXTENDING TIME FOR
DEFENDANTS TO FILE ANSWER,
AND [PROPOSED] ORDER

v.
U.S. Environmental Protection Agency,
et al.,
Defendants.

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Pursuant to Civil L.R. 6-2, Defendant United States Environmental Protection

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Agency (“EPA”) and Lisa P. Jackson, Administrator, U.S. EPA, in her official capacity

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(collectively “Defendants”), and the Basel Action Network (“BAN”) and Sierra Club

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(collectively “Plaintiffs”), hereby stipulate to and request an order setting the initial Case

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Management Conference (“CMC”) for September 28, 2012. The parties had previously

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agreed to schedule the CMC on August 24, 2012, but a managerial shift in EPA’s legal

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office has delayed the process of obtaining EPA’s approval on the joint case management

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statement due to additional discussions on matters related to this case and working
CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR CMC RESCHEDULING, STIPULATION EXTENDING TIME FOR
DEFENDANTS TO FILE ANSWER, AND [PROPOSED] ORDER

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around schedules related to managerial shifts that counsel for Defendants had not

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previously anticipated. (Exhibit A, Declaration of Jennifer Wills). Additionally,

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Plaintiffs intend to file a motion to file a supplemental complaint no later than September

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7, 2012. The parties have conferred and expect that Plaintiffs’ motion will be unopposed.

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Accordingly, the parties request that the CMC be set for September 28, 2012 to allow

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them to prepare a joint case management statement that incorporates the revised pleading

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and allows time for counsel for Defendants to obtain EPA approval of the joint case

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management statement. The date requested is the first date after the expected filing of the

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supplemental complaint that the court calendar allows for CMCs and counsel for both

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parties are available.
The parties also stipulate and agree that Defendants time to answer Plaintiffs’

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Complaint for Declaratory and Injunctive Relief (Dkt. No. 1) is extended to and including

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September 17, 2012. This extension will not alter the date of any event or any deadline

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already fixed by Court order.

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Respectfully submitted,

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Date: August 9, 2012

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IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division

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___________/s/_________________
LESLIE M. HILL (D.C. Bar No. 476008)
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
[e-mail]
Telephone [phone]
Facsimile [phone]
Attorneys for Defendants
CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR CMC RESCHEDULING, STIPULATION EXTENDING TIME FOR
DEFENDANTS TO FILE ANSWER, AND [PROPOSED] ORDER

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/s/ (electronic mail authorization 8/9/12)
AMANDA W. GOODIN (WSB #41312)
TODD D. TRUE (WSB #12864)
[Appearing Pro Hac Vice]
Earthjustice
705 Second Avenue, Suite 203
Seattle, WA 98104
[phone] | Phone
[phone] | Fax
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
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Erin Tobin (CSB #234943)
Earthjustice
426 Seventeenth Street, 5th Floor
Oakland, CA 94612-2807
[phone] | Phone
[phone] | Fax
[e-mail]

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Local Counsel for Plaintiffs

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CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR CMC RESCHEDULING, STIPULATION EXTENDING TIME FOR
DEFENDANTS TO FILE ANSWER, AND [PROPOSED] ORDER

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10th
August
DATED this ______ day of ________________, 2012.

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UNIT
ED

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S DISTRICT
TE
C
TA

________________________________
DERED
SO OR
EDWARDSM. CHEN
IT I
United States District Court Judge

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dward
Judge E

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Conference is hereby reset for September 28, 2012.

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Pursuant to Stipulation, IT IS SO ORDERED, and the Initial Case Management

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[PROPOSED] ORDER

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N

D IS T IC T
R

OF

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CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR CMC RESCHEDULING, STIPULATION EXTENDING TIME FOR
DEFENDANTS TO FILE ANSWER, AND [PROPOSED] ORDER

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