Center for Food Safety et al v. Vilsack et al

Filing 52

ORDER by Judge Haywood S. Gilliam, Jr. Granting 51 Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss Amended Complaint. (ndrS, COURT STAFF) (Filed on 11/9/2015)

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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
AMENDED COMPLAINT

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:
1.

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. In response, Defendants filed a Motion to Dismiss, ECF

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No. 16. Following briefing and a motion hearing pursuant to a stipulated briefing schedule, see

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ECF No. 12, the Court on October 9, 2015 entered an Order Granting the Motion to Dismiss with

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leave to file an Amended Complaint. ECF No. 49. On October 30, 2015, Plaintiffs filed their

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Amended Complaint. ECF No. 50. Defendants anticipate that, in response to Plaintiffs’

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Amended Complaint, they may file a dispositive Motion to Dismiss pursuant to Rule 12(b).

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2.

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

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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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December 10, 2015: Defendants’ deadline to file Motion to Dismiss or
Answer to Amended Complaint.



January 21, 2016: Plaintiffs’ deadline to file Opposition to Motion.

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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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

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February 4, 2016: Defendants’ deadline to file Reply in Support of Motion.



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February 18, 2016 or as soon as feasible thereafter: Hearing on Motion at a
time convenient to the Court.

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The reasons for the requested additional time for the parties’ briefing are the need

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to address thoroughly those issues presented by Plaintiffs’ Amended Complaint in any motion

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briefing, as well as existing commitments in the schedules of counsel for Plaintiffs and

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Defendants.

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4.

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

declaration in support of this stipulation.

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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 Amended Complaint.

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Dated: November 5, 2015.

Respectfully submitted,

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/s/ Sylvia Shih-Yau Wu
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: November 5, 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
O

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Upon stipulat
U
tion of the pa
arties, and good cause ap
ppearing, the Court here orders th
e
eby
he
following schedule for Defendan anticipat Motion to Dismiss in response to the Amend
g
fo
nts’
ted
o
n
o
ded
Complain
nt:


Decembe 10, 2015: Defendants’ deadline to file Motion to Dismiss or Answer t
er
’
o
n
to
Amended Complaint.
d

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

January 21, 2016: Pl
laintiffs’ dea
adline to file Opposition to Motion.

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

y
d
file
Motion.
February 4, 2016: Defendants’ deadline to fi Reply in Support of M



February 18, 2016 at 2:00 p.m.: Hearing on Motion.
y
:
n

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PURSUA
ANT TO STIPULATION IT IS SO ORDERED
N,
D.

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Dated: November 9, 2015
N
HON HAYWO
N.
OOD S. GILL
LIAM, JR.
Unit States District Court Judge
ted
t

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Center for Food Safety et al. v. Vilsack et al., No. 3:1
r
e
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15-cv-01590-H
HSG
Stipulation to Set Briefi Schedule
n
ing
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CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of November, 2015, I electronically transmitted the
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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