Sierra Club, et al -v- United States Environmental Protection Agency, et al

Filing 44

STIPULATION AND ORDER RE: TELEPHONIC APPEARANCE. Initial Case Management Conference reset for 4/21/2016 10:15 AM in Courtroom 5, 17th Floor, San Francisco. Plaintiff's counsel is required to contact Courtcall to set up the conference call. Signed by Judge Edward M. Chen on 3/31/16. (bpf, COURT STAFF) (Filed on 3/31/2016)

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JOHN C. CRUDEN
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

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[additional counsel listed in signature blocks]
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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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SIERRA CLUB, et al.
Case No. 3:14-cv-04596-EMC
Plaintiffs,

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v.
United States Environmental Protection
Agency, et al.

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Defendants.

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REQUEST TO APPEAR
TELEPHONICALLY FOR CASE
MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER (modified)
Date: April 21, 2016
Time: 9:30 a.m.
Location: Courtroom 5, 17th Floor

Pursuant to Civil L.R. 6-2, the parties respectfully request an order allowing all
counsel to appear telephonically for the Initial Case Management Conference (“CMC”)
set for April 21, 2016 at 9:30 a.m. in Courtroom 5, 17th Floor (Dkt. No. 42) or
alternatively, rescheduling the CMC to April 28, 2016.
WHEREAS, the Parties stipulated to and requested an order continuing the Case
Management Conference until April 14, 2016, a date that all counsel are available (Dkt.
No. 39);
REQUEST TO APPEAR TELEPHONICALLY FOR CMC AND [PROPOSED] ORDER
CASE NO. 3:14-cv-04596-EMC

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WHEREAS, the Court granted the request to continue, but reset the Case
Management Conference to April 21, 2016 (Dkt. No. 40);

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WHEREAS, lead counsel for Intervenor-Defendant San Joaquin Valley Unified

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Air Pollution Control District is not available to appear personally on April 21, 2016

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because that date coincides with the District’s Governing Board meeting, which occurs

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every third Thursday of every month, and that counsel must attend. However, counsel

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could appear telephonically on that date;

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WHEREAS, lead counsel for Defendants, the United States Environmental
Protection Agency and Gina McCarthy, in her official capacity as Administrator of the

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United States Environmental Protection Agency (collectively “EPA”), is also not

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available to appear personally on April 21, 2016, because of a pre-planned vacation, but

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could also appear telephonically;

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WHEREAS, counsel for Defendant-Intervenor South Coast Air Quality

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Management District is located in Diamond Bar, California and would have to travel to

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the CMC;
WHEREAS, counsel for Plaintiff Sierra Club consents to this request and joins in

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the request to also appear by telephone or alternatively, rescheduling the CMC to April

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28, 2016; and
WHEREAS, the Parties therefore request that they be allowed to appear and

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participate in the initial CMC by telephone to obviate the need to reschedule the CMC or

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alternatively, to rescheduling the CMC to April 28, 2016;

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NOW THEREFORE, the parties stipulate to and respectfully request that the

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Court enter an order allowing the parties to appear and participate telephonically at the

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April 21, 2016 initial CMC or, alternatively to reschedule the CMC to April 28, 2016.

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//

REQUEST TO APPEAR TELEPHONICALLY FOR CMC AND [PROPOSED] ORDER
CASE NO. 3:14-cv-04596-EMC

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Respectfully submitted,

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Date: March 23, 2016

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/s/ Paul Cort (email auth. 3/16/16)
ELIZABETH B. FORSYTH (SBN 288311)
PAUL R. CORT (SBN 184336)
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
[e-mail]
Tel: [phone]/Fax: [phone]
Attorneys for Plaintiffs

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/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
/s/ Annette A. Ballatore-Williamson (email
auth. 3/17/16)
ANNETTE A. BALLATOREWILLIAMSON
(SBN 192176) District Counsel
JESSICA E. HAFER FIERRO
(SBN 297668) Assistant Counsel
SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT
(SJVUAPCD)
1990 E. Gettysburg Avenue
Fresno, CA 93726
Phone: [phone]; Fax: [phone]
Attorneys for Defendant-Intervenor
SJVUAPCD

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REQUEST TO APPEAR TELEPHONICALLY FOR CMC AND [PROPOSED] ORDER
CASE NO. 3:14-cv-04596-EMC

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/s/ Lauren Nevitt (email auth. 3/17/16)
LAUREN NEVITT
(SBN 260297) Senior Deputy District
Counsel
BARBARA BAIRD
(SBN 081507) Chief Deputy Counsel
KURT WIESE
(SBN 127251) General Counsel
SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
21865 Copley Drive
Diamond Bar, CA 91765
Phone: [phone]; Fax [phone]
Attorneys for Defendant-Intervenor
SCAQMD

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REQUEST TO APPEAR TELEPHONICALLY FOR CMC AND [PROPOSED] ORDER
CASE NO. 3:14-cv-04596-EMC

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[PROPOSED] ORDER

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Before the Court is a Joint Request to Appear Telephonically for the Initial Case

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Management Conference set for April 21, 2016 at 9:30 a.m. in Courtroom 5, 17th Floor

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(Dkt. No. 42). Upon due consideration, and for good cause shown, the Parties’ request is

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hereby GRANTED.

10:15 a.m.

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It is further ordered that counsel will be called at the following numbers to

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participate in the hearing. Counsel will be available from 9:30 a.m. Pacific time until the

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call occurs.

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EPA’s counsel will be called at [phone].

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Sierra Club’s counsel will be called at [phone] and [phone].San

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Joaquin Valley Unified Air Pollution Control District’s counsel will be called at (559)

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230-6035.

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S DISTRICT
TE
C
TA
________________________________
EDWARD M. CHEN
United States District Judge DERED
OR

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hen

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Judge E

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O
IT IS S
DIFIED
AS MO

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DATED this ______ day of March, 2016.
31st

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IT IS SO ORDERED.

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Plaintiff Sierra Club's counsel Paul Cort is directed to set up the
conference call for 10:15 a.m. with Courtcall [phone] and inform the Court the
dial in information by 4/18/16. An updated joint CMC statement shall be filed by
4/14/16.

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396-3458.

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South Coast Air Quality Management District’s counsel will be called at (909)

UNIT
ED

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F
D IS T IC T O
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REQUEST TO APPEAR TELEPHONICALLY FOR CMC AND [PROPOSED] ORDER
CASE NO. 3:14-cv-04596-EMC