Sierra Club et al v. McCarthy

Filing 38

ORDER by Judge Haywood S. Gilliam, Jr. Granting 37 Stipulation re 36 Reply to Opposition/Response. (ndrS, COURT STAFF) (Filed on 9/23/2015)

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PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
Tel: [phone]
Fax: [phone]
NICHOLAS MORALES, Admitted Pro Hac Vice
EMMA C. CHEUSE, Admitted Pro Hac Vice
Earthjustice
1625 Massachusetts Ave., NW, Ste. 702
Washington, DC 20036
[e-mail], [e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs Sierra Club and
California Communities Against Toxics

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

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SIERRA CLUB and CALIFORNIA
COMMUNITIES AGAINST TOXICS,
Plaintiffs,

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v.
GINA McCARTHY, in her official capacity as
Administrator of the United States Environmental
Protection Agency,
Defendant.

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STIPULATED REQUEST
CASE NO. 3:15-cv-01165-HSG

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Case No: 3:15-cv-01165-HSG
STIPULATED REQUEST FOR LEAVE
TO FILE CORRECTED EXHIBITS TO
REPLY BRIEF
Date:
Time:
Place:
Judge:

Oct. 1, 2015
2:00 PM
Courtroom 15, 18th Floor
Haywood S. Gilliam, Jr.

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WHEREAS,
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On September 18, 2015, Plaintiffs Sierra Club and California Communities

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Against Toxics filed “Plaintiffs’ Reply In Support Of Motion For Summary Judgment And

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Opposition To EPA’s Cross-Motion For Summary Judgment,” and a supporting declaration and

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exhibits. See DKT#36 to 36-10.

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2.

In that filing, Plaintiffs incorrectly numbered two exhibits and filed them in the

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wrong order. Specifically, the declaration of Panagiotis E. Tsirigotis (DKT#36-8) should have

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been filed as Exhibit 5, and the excerpts from the document titled “Responses to Significant

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Comments on the 2008 Proposed Rule on the National Ambient Air Quality Standards for Lead,”

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(DKT#36-7) should have been filed as Exhibit 6. The reply brief and other supporting

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documents do not require correction.

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3.

Pursuant to Local Rules 7-11 and 7-12, Plaintiffs request leave to make the

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corrections to DKT#36-7 and DKT#36-8 described in paragraph 2, above, and re-file the reply

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brief with the corrected supporting documents. No other changes would be made.

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4.

Plaintiffs have conferred with EPA, which does not object to Plaintiffs’ request to

correct the numbering of the two exhibits.
THE PARTIES HEREBY STIPULATE TO GRANT PLAINTIFFS LEAVE TO RE-

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FILE THE REPLY BRIEF AND SUPPORTING DOCUMENTS WITH CORRECTED

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EXHIBITS.

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DATED: September 22, 2015

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Respectfully submitted,
/s/ Nicholas Morales
NICHOLAS MORALES, Admitted Pro Hac Vice
EMMA C. CHEUSE, Admitted Pro Hac Vice
Earthjustice
1625 Massachusetts Ave., NW, Ste. 702
Washington, DC 20036
[e-mail],
[e-mail]
Tel: [phone]
Fax: [phone]

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STIPULATED REQUEST
CASE NO. 3:15-cv-01165-HSG

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PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs Sierra Club and
California Communities Against Toxics

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JOHN C. CRUDEN
Assistant Attorney General
Environment and Natural Resources Division

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/s/ Leslie M. Hill (email authorization 09/22/2015)
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 Defendant

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Of counsel:
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Paul Versace
Office of General Counsel
U.S. Environmental Protection Agency

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STIPULATED REQUEST
CASE NO. 3:15-cv-01165-HSG

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ORDER

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Good cause having been shown, the Stipulation is approved. Leave is granted for

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Plaintiffs to file a corrected reply brief and supporting declaration and exhibits.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: September 23, 2015

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________________________________
HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER
CASE NO. 3:15-cv-01165-HSG

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