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

Filing 67

STIPULATION AND ORDER re 66 STIPULATION WITH PROPOSED ORDER re 65 Stipulation and Order, Set Hearings, Set Deadlines,,, Joint Stipulation Continuing the Case Management Conference and [Proposed] Order filed by Center for Biolo gical Diversity, Basel Action Network, Sierra Club Case Management Statement due by 3/20/2014. Case Management Conference reset for 3/27/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/13/14. (bpf, COURT STAFF) (Filed on 2/13/2014)

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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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HONORABLE EDWARD M. CHEN

Gregory C. Loarie (CSB #215859)
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111-4608
[phone] | Phone
[phone] | Fax

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[e-mail]

Local Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
AT SAN FRANCISCO
BASEL ACTION NETWORK, et al.,

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Plaintiffs,
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v.
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U.S. ENVIRONMENTAL PROTECTION
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AGENCY, an agency of the United States; LISA P. )
JACKSON, Administrator, U.S. Environmental
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Protection Agency, in her official capacity,
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Defendants.
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___________________________________________ )

Civ. No. C11-6185 EMC

JOINT STIPULATION
CONTINUING THE CASE
MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

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JOINT STIPULATION CONTINUING THE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER (Civ. No. 11-6185 EMC) -1-

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]

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

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

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“Defendants”), and the Basel Action Network (“BAN”), Sierra Club, and Center for Biological

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

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Management Conference (“CMC”) currently set for February 27, 2014 (Dkt. No. 65) to March

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27, 2014 at 9:00 a.m. in Courtroom 5, 17th Floor, San Francisco. The Court previously stayed

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all proceedings, in part, to allow EPA to act on the portion of Plaintiffs’ administrative petition

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requesting that EPA take certain actions under the Marine Protection, Research, and Sanctuaries

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Act (“MPRSA”) (Dkt. No. 61). On January 29, 2014, EPA responded to the MPRSA portion of

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Plaintiffs’ petition. EPA’s response grants in part and denies in part Plaintiffs’ petition, and

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contains detailed technical explanation of EPA’s rationale for its action. Due to the complex

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nature of EPA’s response to Plaintiffs’ petition, Plaintiffs require additional time to review

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EPA’s response and to determine appropriate next steps in this litigation. The parties agree that

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until Plaintiffs have had adequate time to consider EPA’s response to the MPRSA portion of the

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

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Plaintiffs reasonably believe that an additional 28 days will provide adequate time to review

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EPA’s response and decide on appropriate next steps. Accordingly, the parties request that the

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CMC be continued until March 27, 2014, and that the case management statement be due on

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March 20, 2014.

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JOINT STIPULATION CONTINUING THE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER (Civ. No. 11-6185 EMC) -2-

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]

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Respectfully submitted,
Date: February 10, 2014
/s/ Amanda W. Goodin _______________________
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

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Gregory C. Loarie
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111-4608
[phone] | Phone
[phone] | Fax
[e-mail]

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Local Counsel for Plaintiffs

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

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/s/ Leslie M. Hill (email authorization 2/10/14)
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

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JOINT STIPULATION CONTINUING THE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER (Civ. No. 11-6185 EMC) -3-

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]

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[PROPOSED] ORDER
Pursuant to Stipulation, the case management conference is continued until March 27,

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2014 at 9:00 a.m. in Courtroom 5, 17th Floor, San Francisco. The case management statement

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shall be due March 20, 2014.

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Further, pursuant to the Court’s Order granting the parties’ Joint Request To Appear
Telephonically, Dkt. No. 65 (Jan. 22. 2014), it is further ordered that Plaintiffs’ counsel will be
called at [phone] ext. 1020 and Defendants’ counsel will be called at [phone] to

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DATED this ______ day of February 2014.

dwa
Judge E

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hen

rd M. C

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________________________________
EDWARD M.PPROVED
A CHEN
United States District Court Judge

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UNIT
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IT IS SO ORDERED.

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participate in the conference. Counsel will be available from 9:00 am until the call occurs.

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D IS T IC T O
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JOINT STIPULATION CONTINUING THE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER (Civ. No. 11-6185 EMC) -4-

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]

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CERTIFICATE OF SERVICE

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I am a citizen of the United States and a resident of the State of Washington. I am over 18

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years of age and not a party to this action. My business address is 705 Second Avenue, Suite 203,

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Seattle, Washington 98104.

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I HEREBY CERTIFY that on February 10, 2014, I electronically filed the following
documents:
1.

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Joint Stipulation Continuing the Case Management Conference and [Proposed]
Order

with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to

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the following:

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Leslie M. Hill
Assistant Attorney General
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
[phone] | Phone
[phone] | Fax
[e-mail]
Attorney for Federal Defendants

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via facsimile
via overnight courier
via first-class U.S. mail
via hand delivery
via e-mail
via electronic service by Clerk

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AND I FURTHER CERTIFY that I have mailed by United States Postal Service the
documents to the following non-CM/ECF participants:

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None

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I, Cheryl McEvoy, declare under penalty of perjury that the foregoing is true and correct.

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Executed this 10th day of February, 2014, at Seattle, Washington.

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CERTIFICATE OF SERVICE -1-

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
[phone]