Ellis et al v. Bradbury et al

Filing 26

ORDER APPROVING STIPULATION IN PART AND CONTINUING CASE MANAGEMENT CONFERENCE. The parties' stipulation, filed July 18, 2013, is approved, with the exception that the motion and opposition, respectively, shall be no more than 35 pages in length, the reply shall be no more than 20 pages in length, and the Case Management Conference is continued to December 13, 2013, at 10:30 a.m. Signed by Judge Maxine M. Chesney on July 22, 2013. (mmclc1, COURT STAFF) (Filed on 7/22/2013)

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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]
JOHN H. MARTIN
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th Street - South Terrace, Suite 370
Denver, CO 80202
[e-mail]
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendants
[Additional counsel listed in signature block]

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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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STEVE ELLIS, et al.
Plaintiffs,

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v.
STEVEN P. BRADBURY, in his official
capacity as Director of the Office of
Pesticide Programs in the United States
Environmental Protection Agency, et al.,
Defendants.

Case. No.: 3:13-cv-1266-MMC
JOINT STIPULATION TAKING
INITIAL CASE MANAGEMENT
CONFERENCE OFF CALENDAR
AND SETTING BRIEFING
SCHEDULE AND PAGE
LIMITATIONS FOR DEFENDANTS’
MOTION TO DISMISS AND
[PROPOSED] ORDER
ORDER APPROVING STIPULATION
IN PART AND CONTINUING CASE
MANAGEMENT CONFERENCE

JOINT STIPULATION TAKING INITIAL CMC OFF CALENDAR AND SETTING BRIEFING SCHEDULE AND
PAGE LIMITATIONS FOR DEFENDANTS’ MOTION TO DISMISS AND [PROPOSED] ORDER
CASE NO. 3:13-CV-1266-MMC

JOINT STIPULATION

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Defendants’ Answer to Plaintiffs’ First Amended Complaint for Declaratory and

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Injunctive Relief (Dkt. No. 17) or responsive pleading is due July 30, 2013 (Dkt. No. 16).

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Defendants plan to file a comprehensive motion to dismiss in lieu of an answer. The

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parties stipulate and request that the Court order the following briefing schedule and page

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limitations for the motion to dismiss:

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Defendants file Motion to Dismiss

July 31, 2013

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Plaintiffs file Opposition to Motion to Dismiss

August 30, 2013

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Defendants file Reply Brief

September 25, 2013

Hearing Noticed

October 11, 2013

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The following page limitations shall apply:

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Defendants’ Motion to Dismiss

45 pages

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Plaintiffs’ Opposition

45 pages

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Defendants’ Reply

25 pages

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The parties further stipulate and request that the Court take the Initial Case

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Management Conference (“CMC”) currently set for July 26, 2013 and the corresponding

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CMC statement due July 19, 2013 (Dkt. No. 22) off the calendar until a further order of

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the Court following resolution of Defendants’ Motion to Dismiss.

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JOINT STIPULATION TAKING INITIAL CMC OFF CALENDAR AND SETTING BRIEFING SCHEDULE AND
PAGE LIMITATIONS FOR DEFENDANTS’ MOTION TO DISMISS AND [PROPOSED] ORDER
CASE NO. 3:13-CV-1266-MMC

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Respectfully submitted:

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Date: July 18, 2013

ROBERT G. DREHER
Acting 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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JOHN H. MARTIN
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th Street - South Terrace, Suite 370
Denver, CO 80202
[e-mail]
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendant

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/s/ Paige M. Tomaselli
PAIGE M. TOMASELLI (State Bar No. 237737)
SYLVIA SHIH-YAU WU (State Bar No. 273549)
GEORGE A. KIMBRELL (Pro Hac Vice)
PETER T. JENKINS (Pro Hac Vice)
Center for Food Safety
303 Sacramento Street, 2nd Floor
San Francisco, CA 94111
T: [phone] / F: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Counsel for Plaintiffs

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JOINT STIPULATION TAKING INITIAL CMC OFF CALENDAR AND SETTING BRIEFING SCHEDULE AND
PAGE LIMITATIONS FOR DEFENDANTS’ MOTION TO DISMISS AND [PROPOSED] ORDER
CASE NO. 3:13-CV-1266-MMC

[PROPOSED] ORDER

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Pursuant to Stipulation, IT IS SO ORDERED., with the exception that the motion and
opposition, respectively, shall be no more than 35 pages in length, the reply shall be no more
than 20DATED this ______ the Case Management Conference is continued to December 13,
pages in length, and day of July, 2013.
2013, at 10:30 a.m.

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Dated: July 22, 2013

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________________________________
MAXINE M. CHESNEY
United States District Judge

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JOINT STIPULATION TAKING INITIAL CMC OFF CALENDAR AND SETTING BRIEFING SCHEDULE AND
PAGE LIMITATIONS FOR DEFENDANTS’ MOTION TO DISMISS AND [PROPOSED] ORDER
CASE NO. 3:13-CV-1266-MMC