Center for Environmental Health et al v. McCarthy et al
Filing
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ORDER re 22 STIPULATION to Replace Case Management Orders. Parties' briefing schedule for cross-motions for summary judgment is adopted. Cross motions will be heard 5/11/2016 at 2:00 p.m. Signed by Judge William H. Orrick on 08/10/2015. (jmdS, COURT STAFF) (Filed on 8/10/2015)
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JOHN C. CRUDEN
Assistant Attorney General
Environment & Natural Resources Division
SAMARA M. SPENCE
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, DC. 20044-7611
(202) 514-2285
(202) 514-8865 (fax)
Samara.spence@usdoj.gov
Attorney for Defendants
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO / OAKLAND DIVISION
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__________________________________________
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CENTER FOR ENVIRONMENTAL HEALTH,
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NETWORK, BEYOND PESTICIDES, and
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PHYSICIANS FOR SOCIAL RESPONSIBILITY )
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Plaintiffs,
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v.
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GINA MCCARTHY, in her official capacity as
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Administrator of the U.S. Environmental Protection )
Agency; and U.S. ENVIRONMENTAL
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PROTECTION AGENCY,
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Defendants.
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__________________________________________)
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Civil Action No. 3:15-cv-02939-WHO
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JOINT STIPULATION TO REPLACE CASE MANAGEMENT ORDERS
Pursuant to Civil L.R. 7-12 and 16-2(d), Plaintiffs Center for Environmental Health
Network, Beyond Pesticides, and Physicians for Social Responsibility and Defendants United
States Environmental Protection Agency and Administrator Gina McCarthy (EPA) jointly
stipulate to and request an order vacating the Court’s Order Setting Initial Case Management
JOINT STIPULATION TO REPLACE CASE MANAGEMENT ORDERS
3:15-CV-02939-WHO
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Conference and ADR Deadlines (Dkt. No. 5, June 26, 2015) (Initial Case Management Order)
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and Case Management Order (Dkt. No. 20, August 5, 2015) (August 5th Order) and replacing
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them with an order establishing procedures and a briefing schedule as outlined below.
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1.
Plaintiffs filed this action on June 24, 2015, seeking review of EPA’s amended
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response to Plaintiffs’ petition for rulemaking pursuant to Section 706(2)(A) of the
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Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A) and the Federal Insecticide,
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Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y. See Dkt. No. 1. The petition
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for rulemaking asked that EPA require the disclosure of certain inert ingredients on pesticide
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product labels.
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2.
On June 26, 2015, the Court issued an Order Setting Initial Case Management
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Conference and ADR Deadlines, Dkt. No. 5, establishing, among other things, deadlines for
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initial disclosures and an initial case management conference.
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3.
EPA was served with the summons and complaint on or about July 2, 2015.
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4.
On August 5, 2015, the Court issued a Case Management Order, Dkt. No. 20,
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establishing, among other things, requirements for a case management conference and case
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management statement.
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5.
The parties agree that this case, which seeks review of a final agency action under
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the APA, should be resolved based on the administrative record that the agency will present to
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the Court, see, e.g., San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 602-604
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(9th Cir. 2014), and that, therefore, this matter is exempt from initial disclosures under Federal
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Rule of Civil Procedure 26(a)(1)(B)(i). The parties further agree that typical discovery
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requirements are inapplicable and that this case should be resolved on cross-motions for
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summary judgment.
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6.
Notwithstanding the above, Plaintiffs reserve the opportunity to file a motion to
seek discovery.
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The parties stipulate to and request an order vacating the Initial Case Management
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Order and August 5th Order and establishing the procedures and schedule outlined in Paragraph
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9 below.
JOINT STIPULATION TO REPLACE CASE MANAGEMENT ORDERS
3:15-CV-02939-WHO
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8.
The parties are aware of Civil L.R. 16-5, which establishes a procedure and
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deadlines for the agency’s answer, service of the administrative record, and filing of cross-
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motions for summary judgment in certain actions to review an administrative record. The parties
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have conferred and agreed to propose an alternate schedule suitable to the parties’ respective
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schedules.
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9.
The parties stipulate to and request an order establishing the following procedure
and schedule:
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Answer and Service of the Record: EPA’s deadline to file an Answer shall be September
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30, 2015. Also by September 30, 2015, EPA shall serve an electronic copy of the administrative
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record on the Plaintiffs and file a certified index to the administrative record with the Court. The
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parties shall submit relevant record excerpts to the Court with their cross-motions for summary
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judgment.
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Dispositive Motions: The following briefing schedule shall apply to the parties’ crossmotions for summary judgment:
December 14, 2015
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pages)
February 19, 2016
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EPA’s Response and Cross-Motion for Summary
Judgment (25 pages)
March 18, 2016
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Plaintiffs’ Motion for Summary Judgment (25
Plaintiffs’ Response to EPA’s Motion and Reply
(20 pages)
April 15, 2016
EPA’s Reply (20 pages)
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The parties hereby stipulate to and request an order by the Court that would vacate the
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Initial Case Management Order and August 5th Order and replace them with the procedures and
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deadlines proposed in Paragraph 9 above.
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Respectfully submitted this 6th day of August, 2015.
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JOINT STIPULATION TO REPLACE CASE MANAGEMENT ORDERS
3:15-CV-02939-WHO
/s/ A. Yana Garcia (with permission)
A. YANA GARCIA, CA Bar No. 282959
GREGORY C. LOARIE, CA Bar No. 215859
Earthjustice
50 California St., Ste 500
San Francisco, CA 94111
(415) 217-2000
Ygarcia@earthjustice.org
Gloarie@earthjustice.org
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JOHN C. CRUDEN
Assistant Attorney General
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/s/ Samara M. Spence
SAMARA M. SPENCE
United States Department of Justice
Environment & Natural Resources Division
P.O. Box 7611
Washington, DC 20044-7611
(202) 514-2285
Samara.spence@usdoj.gov
Attorney for Gina McCarthy and United States
Environmental Protection Agency
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Of Counsel:
Donald A. Sadowsky
Office of General Counsel
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The hearing on the cross-motions for summary judgment shall be held on
Wednesday, May 11, 2016, at 2:00 p.m. in Courtroom 2.
DATED:
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________________________________
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE
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JOINT STIPULATION TO REPLACE CASE MANAGEMENT ORDERS
3:15-CV-02939-WHO
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