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

Filing 65

STIPULATION AND ORDER re 64 STIPULATION WITH PROPOSED ORDER re 62 Clerks Notice, CONTINUING THE CASE MANAGEMENT CONFERENCE AND REQUEST TO APPEAR TELEPHONICALLY filed by U.S. Environmental Protection Agency, Lisa P. Jackson Case Management Conference set for 2/27/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/22/14. (bpf, COURT STAFF) (Filed on 1/22/2014)

1
2
3
4
5
6
7
8

ROBERT G. DREHER
Acting 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]
Attorneys for Defendants

9
[additional counsel listed in signature blocks]
10
IN THE UNITED STATES DISTRICT COURT

11
12

FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

13
14
15

Plaintiffs,

16
17
18
19
20

Case No.: 3:11-cv-06185-EMC

BASEL ACTION NETWORK, et al. ,

JOINT STIPULATION CONTINUING
THE CASE MANAGEMENT
CONFERENCE, REQUEST TO
APPEAR TELEPHONICALLY,
AND [PROPOSED] ORDER

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

Date: February 4, 2014
Time: 9:00 a.m.
Courtroom 5, 17th Floor

Defendants.

21
22
23

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

24

Agency (“EPA”) and Gina McCarthy, Administrator, U.S. EPA, in her official capacity

25

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

26

Center for Biological Diversity (collectively “Plaintiffs”), hereby stipulate to and request

27

an order continuing the Case Management Conference (“CMC”) currently set for

28

February 4, 2014 (Dkt. No. 62) to February 11, 2014 at 9:00 a.m. in Courtroom 5, 17th
CASE NO. 3:11-CV-06185-EMC
JOINT STIPULATION CONTINUING THE CASE MANAGEMENT CONFERENCE, REQUEST TO APPEAR
TELEPHONICALLY, AND [PROPOSED] ORDER

1

1

Floor, San Francisco. The Court previously stayed all proceedings, in part, to allow EPA

2

to act on the portion of Plaintiffs’ petition requesting that EPA take certain actions under

3

the Marine Protection, Research, and Sanctuaries Act (“MPRSA”) (Dkt. No. 61). The

4

stay expired on December 31, 2013. EPA has not yet taken action on the MPRSA

5

portion of Plaintiffs’ petition. EPA reasonably expects to act by January 29, 2014. The

6

parties agree that until Plaintiffs consider EPA’s response to the MPRSA portion of the

7

petition, they cannot effectively meet and confer on how to proceed with the pending

8

case. Accordingly, the parties request that the CMC be continued until February 25,

9

2014, the next available CMC date that counsel for both parties is available, and that the

10

case management statement be due on February 18, 2014.

11

Lead counsel for EPA is located in Washington, D.C., and, due to current

12

government budgetary restrictions, has not received approval to travel to San Francisco

13

for the CMC. No local Department of Justice attorneys are assigned to this matter and no

14

other Department of Justice attorneys have worked on this matter in any capacity. Lead

15

counsel for Plaintiffs is located in Seattle, WA and does not object to this request so long

16

as both parties appear telephonically.

17

Therefore, for the reasons stated above, the parties request that they both be

18

allowed to appear and participate telephonically at the February 25, 2014 initial CMC.

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28

//
CASE NO. 3:11-CV-06185-EMC
JOINT STIPULATION CONTINUING THE CASE MANAGEMENT CONFERENCE, REQUEST TO APPEAR
TELEPHONICALLY, AND [PROPOSED] ORDER

2

1

Respectfully submitted,

2

Date: January14, 2014

3
4

ROBERT G. DREHER
Acting Assistant Attorney General
Environment and Natural Resources Division

5
6
7
8
9
10
11
12
13

_____/s/_Leslie M. Hill________________
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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. 3:11-CV-06185-EMC
JOINT STIPULATION CONTINUING THE CASE MANAGEMENT CONFERENCE, REQUEST TO APPEAR
TELEPHONICALLY, AND [PROPOSED] ORDER

3

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

/s/ (electronic mail authorization 1/14/14)
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]
Attorneys for Plaintiffs
Gregory C. Loarie
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111-4608
[phone] | Phone
[phone] | Fax
[e-mail]
Local Counsel for Plaintiffs

16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. 3:11-CV-06185-EMC
JOINT STIPULATION CONTINUING THE CASE MANAGEMENT CONFERENCE, REQUEST TO APPEAR
TELEPHONICALLY, AND [PROPOSED] ORDER

4

1
2
3
4
5

[PROPOSED] ORDER
Pursuant to Stipulation, the case management conference is continued until
27
February 25, 2014 at 9:00 a.m. in Courtroom 5, 17th Floor, San Francisco. The case
20
management statement shall be due February 18, 2014.

6

Further, before the Court is the parties’ Joint Request to Appear Telephonically
27
on February 25, 2014, at 9:00 a.m. Upon due consideration, and for good cause shown,

7

the parties’ request is hereby GRANTED. It is further ordered that

8
9
10

_ counsel will call the following number to participate in the hearing:
____________________________
X Plaintiffs’ counsel will be called at [phone] ext. 1020 and Defendants’

11

counsel will be called at [phone] to participate in the hearing. Counsel will be

12

available from 9:00 am until the call occurs.

16

S

RT

19

FO

NO

18

________________________________
EDWARD M. CHEN d M. Chen
ar
United StatesJudge Edw
District Court Judge

20
21

A

H

ER

LI

17

ERED
O ORD D
IT IS S
DIFIE
AS MO

R NIA

15

S DISTRICT
TE
C
TA

RT
U
O

14

IT IS SO ORDERED.
22nd
DATED this ______ day of January 2014.

UNIT
ED

13

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
CASE NO. 3:11-CV-06185-EMC
JOINT STIPULATION CONTINUING THE CASE MANAGEMENT CONFERENCE, REQUEST TO APPEAR
TELEPHONICALLY, AND [PROPOSED] ORDER

5