Sierra Club et al v. Regina McCarthy

Filing 87

ORDER, Initial Case Management Conference set for 2/7/14 is continued to 7/25/2014 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 1/17/14. Motions terminated: 86 STIPULATION WITH PROPOSED ORDER re 8 Initial Case Management Scheduling Order with ADR Deadlines, 76 Clerks Notice to Amend Case Schedule filed by State of North Carolina.(tfS, COURT STAFF) (Filed on 1/21/2014)

1
2
3
4
5
6
7
8
9
10
11

Marc Bernstein (admitted pro hac vice)
Special Deputy Attorney General
North Carolina Department of Justice
P.O. Box 629
Raleigh, NC 27602
NC State Bar No. 21642
Phone Number: [phone]
Fax Number: [phone]
E-mail Address: [e-mail]
Michael N. Westheimer (State Bar No. 178938)
Buchalter Nemer, PC
55 Second Street, Suite 1700
San Francisco, CA 94105-3493
Phone Number: [phone]
Fax Number: [phone]
E-mail Address: [e-mail]
Attorneys for the State of North Carolina, Plaintiff-Intervenor

12
13
14

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

15
16
17
18
19
20
21
22
23
24
25
26
27
28

SIERRA CLUB and NATURAL RESOURCES
DEFENSE COUNCIL,
Plaintiffs,
and

)
)
)
)
)
THE STATES OF ARIZONA, NEVADA, NORTH )
CAROLINA, NORTH DAKOTA AND TEXAS,
)
THE COMMONWEALTH OF KENTUCKY
)
ENERGY AND ENVIRONMENT CABINET, AND )
THE LOUISIANA DEPARTMENT OF
)
ENVIRONMENTAL QUALITY,
)
Plaintiff-Intervenors,
)
)
v.
)
)
GINA MCCARTHY, in her official capacity as
)
Administrator of the United States Environmental )
Protection Agency,
)
Defendant.
)

Case No: 3:13-cv-03953 SI
JOINT STIPULATION AND
PROPOSED ORDER TO AMEND
CASE SCHEDULE
CMC Date: Feb. 7, 2014
Time: 2:30 p.m.
Proposed New CMC Date: July 25,
2014
Proposed New Time: 2:30 p.m.
Judge: Hon. Susan Illston

1
2
3

JOINT STIPULATION AND PROPOSED ORDER TO AMEND CASE SCHEDULE
Pursuant to Civil Local Rules 7-12 and 16-2(d), the parties jointly hereby stipulate and
request that the Court modify the schedule for this case by (1) continuing the case management

4
conference from February 7, 2014 to July 25, 2014 and (2) continuing pending ADR-related
5
6

deadlines and re-establishing those deadlines at July 3, 2014, in order to allow the parties to

7

continue to negotiate the remedy in this matter and otherwise resolve the case according to the

8

briefing schedule recently ordered by the Court. In support of this stipulation, the parties show

9

the following:

10
11
12

WHEREAS, The case management conference for this matter is presently scheduled for
February 7, 2014. Docket Nos. 72 & 76. Accordingly, the Rule 26(f) conference must be held
by January 17, 2015 – today. Fed. R. Civ. P. 26(f)(1). The Rule 26(f) report and requests to

13
14

appear at the case management conference by telephone are due on January 31, 2014. Id. Rule

15

26(f)(2); Civ. Local R. 16-10. Initial disclosures under Rule 26(a)(1)(A) are also due January 31,

16

2014. Fed. R. Civ. P. 26(a)(1)(C).

17
18
19

WHEREAS, Magistrate Judge Westmore’s Order Setting Initial Case Management
Conference and ADR Deadlines set the deadlines for the following actions: (1) meet and confer
regarding early settlement and ADR process selection; (2) file ADR Certification; and (3) file

20
21
22

either Stipulation to ADR Process or Notice of Need for ADR Phone Conference. Docket No. 8.
Magistrate Judge Westmore required these actions to be taken 21 days prior to the case

23

management conference. Because the case management conference has been re-scheduled to

24

February 7, 2014, these actions appear to be required by January 17, 2014 – today.

25
26

WHEREAS, The parties are currently engaged in settlement discussions, and should
those discussions not result in settlement the parties will then begin briefing the remedy question

27
as ordered by the Court. These efforts may completely obviate the need for a case management
28

Joint Stipulation and Proposed Order to Amend Case Schedule

Case No.: 3:13-cv-03953
Page 1

1

conference and/or ADR. Accordingly, engaging in actions related to the case management

2

conference and ADR at this time would divert resources from these efforts.

3

NOW THEREFORE the parties stipulate, subject to order of the Court, to modify the

4
schedule for this case as follows:
5
6



That the initial case management conference presently scheduled for February 7,

7

2014 be continued and be scheduled for July 25, 2014, and that all deadlines set

8

by rule by reference to the date of the case management conference be reset

9

accordingly.

10



That the following ADR-related actions be continued and set for July 3, 2014: (1)

11
meet and confer regarding ADR process selection; (2) file ADR Certification; and
12
13
14
15

(3) file either Stipulation to ADR Process or Notice of Need for ADR Phone
Conference.
Respectfully submitted,

16
ROY COOPER
Attorney General

17
18

By:

19
20
21

/s/ Marc Bernstein
Marc Bernstein
Special Deputy Attorney General
N.C. Department of Justice
/s/ Michael N. Westheimer
Michael N. Westheimer
Buchalter Nemer, PC

22
23

Attorneys for Plaintiff-Intervenor State of
North Carolina

24
25
26
27
28

Joint Stipulation and Proposed Order to Amend Case Schedule

Case No.: 3:13-cv-03953
Page 2

1

For Plaintiffs Sierra Club and Natural Resources Defense Council

2

/s/ Nicholas Morales
NICHOLAS MORALES, Admitted Pro Hac Vice
DAVID S. BARON, Admitted Pro Hac Vice
Earthjustice
1625 Massachusetts Ave, STE 702
Washington, DC 20036
[e-mail]
[e-mail]
Tel: [phone]
Fax: [phone]

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
Tel: [phone]
Fax: [phone]
ZACHARY M. FABISH, State Bar No. 247535
Staff Attorney
The Sierra Club
50 F Street, NW - 8th Floor
Washington, DC 20001
[e-mail]
Tel: [phone]
Fax: [phone]
(Counsel for Plaintiff Sierra Club)
For Plaintiff-Intervenors the State of North Dakota, The State of Arizona, The
Commonwealth of Kentucky Energy and Environment Cabinet, The State of Louisiana
Department of Environmental Quality, The State of Nevada and The State of Texas
/s/ Paul M. Seby
PAUL M. SEBY
Special Assistant Attorney-General
MARIAN C. LARSEN
Special Assistant Attorney General
Seby Larsen LLP
165 Madison Street
Denver, CO 80206
Telephone: [phone]

27
28

Joint Stipulation and Proposed Order to Amend Case Schedule

Case No.: 3:13-cv-03953
Page 3

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

TIMOTHY J. CARLSTEDT
Special Assistant Attorney-General
Hunton & Williams LLP
575 Market St., #3700
San Francisco, CA 94105
Telephone: [phone]
WAYNE STENEHJEM
Attorney General
/s/ Margaret I. Olson
MARGARET I. OLSON
Assistant Attorney General
Office of Attorney General
500 North 9th Street
Bismarck, ND 58501-4509
Telephone: [phone]
(Counsel for Plaintiff-Intervenor the State of North Dakota)
THOMAS C. HORNE
Arizona Attorney General

13
14
15
16
17
18
19
20
21
22
23
24
25
26

/s/ Monique K. Coady
MONIQUE K. COADY
Assistant Attorney General
1275 West Washington Street
Phoenix, Arizona 85007-2926
Telephone: [phone]
(Counsel for Plaintiff-Intervenor the State of Arizona)
C. MICHAEL HAINES
Executive Director
Commonwealth of Kentucky
Energy and Environment Cabinet
/s/ Jacquelyn A. Quarles
JACQUELYN A. QUARLES
Staff Attorney
Office of General Counsel
Energy and Environment Cabinet
200 Fair Oaks Lane, 1st Floor
Frankfort, KY 40601
Telephone: [phone]
(Counsel for Plaintiff-Intervenor the Commonwealth of Kentucky Energy and Environment
Cabinet)

27
28

Joint Stipulation and Proposed Order to Amend Case Schedule

Case No.: 3:13-cv-03953
Page 4

1
2
3
4
5
6
7
8

LOUISIANA DEPARTMENT OF
ENVIRONMENTAL QUALITY
/s/ Spencer B. Bowman
SPENCER B. BOWMAN (#33515)
Legal Division
Louisiana Department of Environmental Quality
P.O. Box 4302
Baton Rouge, LA 70821-4302
Telephone: [phone]
(Counsel for Plaintiff-Intervenor the State of Louisiana Department of Environmental Quality)
CATHERINE CORTEZ MASTO
Nevada Attorney General

9
10
11
12

/s/ Belinda A. Suwe
BELINDA A. SUWE
Nevada Bar No. 12499
Deputy Attorney General
(Counsel for Plaintiff-Intervenor the State of Nevada, Department of Conservation and Natural
Resources, Division of Environmental Protection)

13
14
15
16
17
18
19
20
21
22
23
24
25
26

GREG ABBOTT
Attorney General of Texas
DANIEL T. HODGE
First Assistant Attorney General
JOHN B. SCOTT
Deputy Attorney General for Civil Litigation
JON NIERMANN
Assistant Attorney General
Chief, Environmental Protection Division
/s/ Mark L. Walters
MARK L. WALTERS
Assistant Attorney General
California State Bar No. 160232
Environmental Protection Division (MC-066)
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: [phone]
(Counsel for Plaintiff-Intervenors the State of Texas)

27
28

Joint Stipulation and Proposed Order to Amend Case Schedule

Case No.: 3:13-cv-03953
Page 5

1
2
3
4
5
6
7
8
9
10

For Gina McCarthy, in her official capacity as Administrator of the United States
Environmental Protection Agency
ROBERT G. DREHER
Acting Assistant Attorney General
Environment and Natural Resources Division
/s/ Martha C. Mann
MARTHA C. MANN
Environment and Natural Resources Division
U.S. Department of Justice
P.O Box 7611
Washington, DC 20044
Tel: [phone] (Mann)
Fax: [phone]
[e-mail]

11

ORDER

12
PURSUANT TO STIPULATION, IT IS SO ORDERED THAT:
13
14



The initial case management conference presently scheduled for February 7, 2014

15

is continued and is scheduled for July 25, 2014, and all deadlines set by rule by

16

reference to the date of the case management conference are reset accordingly.

17
18



The following ADR-related actions are continued and set for July 3, 2014: (1)
meet and confer regarding ADR process selection; (2) file ADR Certification; and

19
(3) file either Stipulation to ADR Process or Notice of Need for ADR Phone
20
21

Conference.

22
23

17th
This ____ day of January, 2014.

24
_______________________________
HON. SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

25
26
27
28

Joint Stipulation and Proposed Order to Amend Case Schedule

Case No.: 3:13-cv-03953
Page 6