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

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER AMENDING BRIEFING SCHEDULE ON DEFENDANTS' MOTION FOR JUDGMENT. Motions due by 11/28/2012. Hearing set for 2/14/13.. Signed by Judge Edward M. Chen on 11/8/12. (bpf, COURT STAFF) (Filed on 11/8/2012)

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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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[additional counsel listed in signature blocks]
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Plaintiffs,

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Case No.: CV-11-06185-EMC

BASEL ACTION NETWORK, et al. ,

JOINT STIPULATION FOR
AMENDED BRIEFING SCHEDULE
AND [PROPOSED] ORDER

v.

(modified)

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”), Sierra Club, and
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Center for Biological Diversity (collectively “Plaintiffs”), hereby stipulate to and request
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an order resetting the briefing on Defendants’ motion for judgment on the pleadings and
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scope/standard of review (Dkt. No. 54) as follows:
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CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR AMENDED BRIEFING SCHEDULE
AND [PROPOSED] ORDER

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November 28, 2012 - Defendants’ motion for judgment on the pleadings and
scope/standard of review due

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January 9, 2012 - Plaintiffs’ opposition due

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January 30, 2012 - Defendants’ reply due

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February 15, 2012 - Hearing on motion at 1:30 p.m.

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During the Initial CMC (Dkt. No. 54), the Court suggested that the parties confer

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and determine which party would move on the scope/standard of review issue, though the

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Minute Order indicated that Plaintiffs should cross-move on the issue. The parties have

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now agreed that Defendants will move on the issue. In order to allow Defendants time to

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include that issue in their opening brief, the parties stipulate and request that the Court

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reschedule briefing and the hearing as set forth above.

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Further, the parties are currently discussing the possibility of requesting a stay of

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the litigation for a brief period after which EPA would respond substantively to the

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remaining portions of Plaintiffs’ petitions requesting action under the Marine Protection,

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Resources, and Sanctuaries Act. The parties expect that the requested briefing schedule

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would also allow the parties sufficient time to determine if a stay is appropriate.

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Accordingly, the parties respectfully request that the Court set a new briefing and

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hearing schedule as set forth above.

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CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR AMENDED BRIEFING SCHEDULE
AND [PROPOSED] ORDER

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Respectfully submitted,

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Date: November 7, 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]

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Attorneys for Defendants

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/s/ (electronic mail authorization 11/7/12)
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 AMENDED BRIEFING SCHEDULE
AND [PROPOSED] ORDER

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[PROPOSED] ORDER
Pursuant to Stipulation, IT IS SO ORDERED, and the briefing schedule is hereby
reset as follows:
November 28, 2012 - Defendants’ motion for judgment on the pleadings and
scope/standard of review due
2013
January 9, 2012 - Plaintiffs’ opposition due
2013
January 30, 2012 - Defendants’ reply due
14, 2013
February 15, 2012 - Hearing on motion at 1:30 p.m.

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8th
DATED this ______ day of November, 2012.

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DERED

O OR
________________________________
IT IS S
ED
EDWARD M. S MODIFI
CHEN
A
United States District Court Judge
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Judg
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CASE NO. CV-11-06185-EMC
JOINT STIPULATION FOR AMENDED BRIEFING SCHEDULE
AND [PROPOSED] ORDER

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