Center for Food Safety et al v. Vilsack et al

Filing 12

ORDER by Judge Haywood S. Gilliam, Jr. Granting 11 Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss. (ndrS, COURT STAFF) (Filed on 5/19/2015)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
ERIC R. WOMACK
Assistant Branch Director
M. ANDREW ZEE (CA Bar No. 272510)
Attorney
Civil Division, Federal Programs Branch
U.S. Department of Justice
450 Golden Gate Avenue, Room 7-5395
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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

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CENTER FOR FOOD SAFETY et al.,
No. 3:15-cv-01590-HSG

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Plaintiffs,
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v.
TOM VILSACK, in his official capacity as
Secretary of the U.S. Department of
Agriculture et al.,

STIPULATION AND ORDER TO SET
BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS

Defendants.

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule

STIPULATION

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Pursuant to Civil Local Rule 6-1(a), Plaintiffs, Center for Food Safety, Beyond
Pesticides, Equal Exchange, Food & Water Watch, La Montanita Co-op, Organic Seed Growers
and Trade Association, The Cornucopia Institute, Northeast Organic Dairy Producers Alliance,

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PCC Natural Markets, Greensward/New Natives LLC, Frey Vineyards, Ltd., Organic Consumers

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Association, Maine Organic Farmers and Gardeners Association, and Ohio Ecological Food and

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Farm Association, and Defendants, Tom Vilsack, Secretary of the U.S. Department of

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Agriculture; Anne Alonzo, Administrator of the Agricultural Marketing Service; and Miles

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McEvoy, Deputy Administrator of the National Organic Program, all sued solely in their official

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capacities, through their respective undersigned counsel, stipulate and agree as follows:
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On April 7, 2015, Plaintiffs filed a Complaint in this Court asserting two causes of

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action against Defendants. ECF No. 1. Undersigned counsel for Defendants entered an

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appearance in this case on May 6, 2015. ECF No. 8. On May 6, 2015, the parties filed a

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stipulation setting July 17, 2015 as Defendants’ deadline to response to the Complaint. ECF No.

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9. Defendants anticipate that, in response to Plaintiffs’ Complaint, they may file a dispositive
Motion to Dismiss pursuant to Rule 12(b).
2.

Counsel for the parties have conferred and, consistent with the Commentary to

Local Rule 7-2, wish to stipulate to the below briefing schedule for Defendants’ anticipated

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Motion to Dismiss:
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 July 17, 2015: Defendants’ deadline to file Motion to Dismiss.

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 August 7, 2015: Plaintiffs’ deadline to file Opposition to Motion.

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 August 21, 2015: Defendants’ deadline to file Reply in Support of Motion.

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 September 2, 2015: Hearing on Motion at a time convenient to the Court.

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule
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3.

The parties have requested a hearing on a Wednesday rather than during the

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Court’s ordinary Thursday civil motion hearing based on counsel’s unavailability on Thursday,

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September 3 at 2:00 p.m. due to preexisting travel commitments. To the extent the Court’s

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calendar is not amenable to a hearing on Wednesday, September 2, 2015, the parties respectfully

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request that the Court set a hearing on Defendants’ Motion to Dismiss for September 28, 2015 or
thereafter.
4.

Pursuant to Local Rule 6-2(a), undersigned counsel for Defendant has filed a

declaration in support of this stipulation. Counsel for Plaintiffs does not object to the statements
contained therein.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

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parties, subject to the Court’s approval, that the above briefing schedule shall govern any Motion

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to Dismiss filed by Defendants in response to the Complaint.

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Dated: May 18, 2015.

Respectfully submitted,

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/s/ Paige M. Tomaselli
PAIGE M. TOMASELLI
(State Bar No. 237737)
SYLVIA SHIH-YAU WU
(State Bar No. 273549)
Center for Food Safety
303 Sacramento Street, 2nd Floor
San Francisco, CA 94111
Phone: [phone]
Fax: [phone]
Emails: [e-mail]
[e-mail]

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Counsel for Plaintiffs

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Dated: May 18, 2015.

U.S. DEPARTMENT OF JUSTICE

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule
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ERIC R. WOMACK
Assistant Branch Director

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/s/ Andrew Zee
M. ANDREW ZEE (CA Bar No. 272510)
Attorney
Civil Division, Federal Programs Branch
U.S. Department of Justice

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Attorneys for Defendants

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule
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ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and
password are being used in the electronic filing of this document, and further attest that I have
obtained the concurrence in the filing of the document from the other signatory.

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/s/ Andrew Zee
M. ANDREW ZEE (CA Bar #272510)

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule
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ORDER

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Upon stipulation of the parties, and good cause appearing, the Court hereby orders the
following schedule for Defendants’ anticipated Motion to Dismiss in response to the Complaint:
 July 17, 2015: Defendants’ deadline to file Motion to Dismiss.
 August 7, 2015: Plaintiffs’ deadline to file Opposition to Motion.

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 August 21, 2015: Defendants’ deadline to file Reply in Support of Motion.

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 September 2, 2015 at 2:00 p.m.: Hearing on Motion.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May 19, 2015
HON. HAYWOOD S. GILLIAM, JR.
United States District Court Judge

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule
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CERTIFICATE OF SERVICE

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I hereby certify that on the 18th day of May, 2015, I electronically transmitted the

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foregoing document to the Clerk of Court using the ECF System for filing.

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/s/ Andrew Zee
M. ANDREW ZEE

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Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG
Stipulation to Set Briefing Schedule
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