Ellis et al v. Bradbury et al

Filing 79

ORDER APPROVING STIPULATION TO STAY ALL PROCEEDINGS. All proceedings are stayed. Federal Defendants shall promptly notify the Court and parties as soon as Congress has appropriated funds for EPA and the Department of Justice. The parties sh all file a joint status report within seven days of Federal Defendants' notice stating the parties' proposal(s) for a new litigation schedule. Signed by Judge Maxine M. Chesney on October 11, 2013. (mmclc1, COURT STAFF) (Filed on 10/11/2013)

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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 (CO Bar No. 32667)
[e-mail]
Wildlife & Marine Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone [phone]

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Attorneys for Federal Defendants
[Counsel for Plaintiffs and Defendant-Intervenors listed in signature block]

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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STEVE ELLIS, et al.

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Plaintiffs,

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v.

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STEVEN P. BRADBURY, et al.
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Honorable Maxine M. Chesney

Defendants,

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and

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Case No.: 3:13-cv-1266-MMC
STIPULATION TO STAY ALL
PROCEEDINGS AND [PROPOSED]
ORDER THEREON

BAYER CROPSCIENCE LP, et al.

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Defendant-Intervenors.

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CASE NO. 3:13-cv-1266-MMC
JOINT STIPULATION TO STAY ALL PROCEEDINGS

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Pursuant to Civil L.R. 7-11, the parties hereby stipulate and request that the Court

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stay all proceedings in the above-captioned case and adopt the parties’ Proposed Order.

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In support of their Joint Stipulation, the parties state the following.

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1. Federal Defendants represent that at the end of the day on September 30, 2013,

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the appropriations act that had been funding the Department of Justice expired and

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appropriations to the Department lapsed. The same is true for most Executive agencies,

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including the United States Environmental Protection Agency (“EPA”). Federal

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Defendants do not know when funding will be restored by Congress.

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2. Federal Defendants further represent that, absent an appropriation, Department

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of Justice attorneys, Federal Defendants, and employees of the EPA are prohibited from

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working, even on a voluntary basis, except in very limited circumstances, including

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“emergencies involving the safety of human life or the protection of property.” 31 U.S.C.

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§ 1342.

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3. The parties therefore request a stay of all proceedings, including all deadlines

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pursuant to the Federal Rules of Civil Procedure and this Court’s Orders, until Congress

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has restored appropriations to Federal Defendants and the Department of Justice and

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Department of Justice attorneys are permitted to resume their usual civil litigation

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functions. The proceedings to be stayed include Plaintiffs’ filing of a response to

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Defendants’ Motions to Dismiss (Dkts. 59 & 74) presently due October 18, 2013;

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Defendants’ replies in support of their respective motions to dismiss, due November 1,

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2013; oral argument on the motions to dismiss, set for December 6, 2013; and a Case

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Management Conference, set for December 13, 2013. See Order filed August 6, 2013

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(Dkt. 65); Order filed July 22, 2013 (Dkt. 26); and Order filed October 11, 2013 (Dkt.

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77).

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4. If this stipulation to stay of all proceedings is granted, Federal Defendants will

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notify the Court as soon as Congress has appropriated funds for EPA and the Department

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of Justice. The parties request that, at that point, the stay be lifted and that the parties file

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CASE NO. 3:13-cv-1266-MMC
JOINT STIPULATION TO STAY ALL PROCEEDINGS

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a joint status report within seven days thereafter stating the parties’ proposal(s) for a new

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litigation schedule.

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5. In the event the Court approves this stipulation, Plaintiffs’ pending Motion to

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Enlarge Time for Plaintiffs to Respond to Motions to Dismiss (Dkt. 75) is moot and the

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Court’s Order approving this stipulation would supersede the Order filed October 11,

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2013 (Dkt. 77), granting Plaintiffs a limited interim extension of time to file their

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opposition to Federal Defendants’ and Intervenor Defendants’ respective motions to

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dismiss.

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Respectfully submitted,

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Date: October 11, 2013

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By: /s/ Peter Jenkins (by consent)
PAIGE M. TOMASELLI (State Bar #237737)
SYLVIA SHIH-YAU WU (State Bar #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: 415-826-2770 / F: 415-826-0507
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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

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/s/ John H. Martin
JOHN H. MARTIN (CO Bar No. 32667)
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone [phone]
[e-mail]

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CASE NO. 3:13-cv-1266-MMC
JOINT STIPULATION TO STAY ALL PROCEEDINGS

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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 Federal Defendants

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By: /s/ Anthony L. Michaels (by consent)
BEVERIDGE & DIAMOND, P.C.
Kathryn E. Szmuszkovicz (Pro Hac Vice)
Anthony L. Michaels (Pro Hac Vice)
Patrick R. Jacobi (Pro Hac Vice)
Sean M. Roberts (Pro Hac Vice)
1350 I Street, N.W., Suite 700
Washington, D.C. 20005-3311
T: [phone] / F: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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BEVERIDGE & DIAMOND, P.C.
Gary J. Smith (SBN 141393)
456 Montgomery Street, Suite 1800
San Francisco, CA 94104-1251
T: [phone] / F: [phone]
Email: [e-mail]

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CROWELL & MORING LLP
J. Michael Klise (Pro Hac Vice)
Kirsten L. Nathanson (Pro Hac Vice)
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-2595
T: [phone] / F: [phone]
Email: [e-mail]
[e-mail]

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CROWELL & MORING LLP
M. Kay Martin (SBN 154697)
275 Battery Street, 23rd Floor

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CASE NO. 3:13-cv-1266-MMC
JOINT STIPULATION TO STAY ALL PROCEEDINGS

San Francisco, CA 94111
T: [phone] / F: [phone]
Email: [e-mail]

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Attorneys for Defendant-Intervenors Bayer
CropScience LP, Syngenta Crop Protection, LLC,
and Valent U.S.A. Corporation

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By: /s/ Stacey L. VanBelleghem (by consent)
LATHAM & WATKINS LLP
CLAUDIA M. O’BRIEN
(D.C. Bar No. 447354)(pro hac vice)
WILLIAM K. RAWSON
(D.C. Bar No. 367167)(pro hac vice)
STACEY L. VANBELLEGHEM
(D.C. Bar No. 988144)(pro hac vice)
555 Eleventh Street, N.W.,
Suite 1000
Washington, D.C. 20004-1304
Telephone: [phone]
Fax: [phone]
Email: claudia.o’[e-mail]
[e-mail]
[e-mail]

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ANDREA M. HOGAN
(Ca. Bar No. 238209)
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Intervenor-Defendant CropLife
America

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CASE NO. 3:13-cv-1266-MMC
JOINT STIPULATION TO STAY ALL PROCEEDINGS

[PROPOSED] ORDER

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Before the Court is the Parties’ Joint Stipulation to Stay All Proceedings. (Dkt.

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78
___.) The Stipulation requests a stay of all proceedings, including all deadlines pursuant

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to the Federal Rules of Civil Procedure and this Court’s Orders, until Congress has

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restored appropriations to the Department of Justice and EPA. Plaintiffs and Intervenor-

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Defendants join in this Stipulation. The Court has reviewed the same and finds good

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cause has been shown to grant the requested stay.

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NOW THEREFORE IT IS ORDERED that the Parties’ Stipulation to Stay All
Proceedings is granted.

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1. All proceedings in the above-captioned matter are stayed until such time as

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Congress has appropriated funds for EPA and the Department of Justice and Department

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of Justice attorneys are permitted to resume their usual civil litigation functions.

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2. Federal Defendants shall promptly notify the Court and parties as soon as
Congress has appropriated funds for EPA and the Department of Justice.

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3. The parties shall file a joint status report within seven days of Federal
Defendants’ notice stating the parties’ proposal(s) for a new litigation schedule.

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IT IS SO ORDERED.
11th
DATED this ______ day of October, 2013.

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____________________
MAXINE M. CHESNEY
United States District Judge

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CASE NO. 3:13-cv-1266-MMC
JOINT STIPULATION TO STAY ALL PROCEEDINGS