Food & Water Watch, Inc. et al v. Environmental Protection Agency et al

Filing 109

STIPULATION AND ORDER RE 108 To Extend Deadlines. Expert Discovery cut-off is 9/18/2019. Last day to file dispositive motions is 10/3/2019. The last day to be heard regarding dispositive motions is 11/7/2019. Signed by Judge Edward M. Chen on 8/16/19. (cl, COURT STAFF) (Filed on 8/16/2019)

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C. ANDREW WATERS, CA Bar No. 147259
MICHAEL CONNETT, CA Bar No. 300314
WATERS, KRAUS & PAUL
222 N. Pacific Coast Hwy, Suite 1900
El Segundo, CA 90245
310-414-8146 Telephone
310-414-8156 Facsimile
Attorneys for Plaintiffs

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DEBRA J. CARFORA
JOHN THOMAS H. DO
BRANDON N. ADKINS
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, DC 20044
Tel. [phone]

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Attorneys for Defendants

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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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Case No.: 17-cv-02162-EMC

FOOD & WATER WATCH, INC, et al.,

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Plaintiffs,

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STIPULATION AND ORDER TO
EXTEND DEADLINES

v.
U.S. ENVIRONMENTAL PROTECTION
AGENCY, et al.,
Defendants.

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CASE NO. 17-CV-02162-EMC
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINES

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Defendants the United States Environmental Protection Agency and

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Administrator Andrew Wheeler, 1 in his official capacity, (collectively the “EPA”) and

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Plaintiffs (collectively the “parties”) stipulate as follows:

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WHEREAS, on June 13, 2019 the Court issued the Amended Case Management
and Pretrial Order for Trial (ECF No. 107) setting the following deadlines:

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•

EXPERT DISCOVERY CUT-OFF: 9/5/2019;

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•

DISPOSITIVE MOTIONS: Last day to file dispositive motions 9/19/2019;

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Last day to be heard 10/24/2019.
WHEREAS, on June 27, 2019, pursuant to the Stipulation on Discovery Schedule

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Order (“Discovery Schedule Order,” ECF No. 98), the parties served opening Expert

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Designations and Disclosures. Plaintiffs disclosed five “retained” experts and two “non-

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retained” experts. EPA disclosed two “retained” experts and one “non-retained” expert.
WHEREAS, on August 1, 2019, pursuant to the Discovery Schedule Order, the

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parties served rebuttal Expert Designations and Disclosures. EPA disclosed two

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additional “retained” experts.

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WHEREAS, the parties conferred extensively in a good faith attempt to make each

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of the twelve experts available for deposition prior to the existing expert discovery deadline,

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but were unable to do so. Under the existing agreed-upon deposition schedule among the

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parties, the last deposition is scheduled for September 18, 2019. Thus, the parties propose

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and stipulate that the expert discovery cut-off be extended 13 days, from September 5,

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2019 to September 18, 2019.

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WHEREAS, consequently, the parties also propose and stipulate that the deadlines

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for dispositive motions be extended a commensurate two weeks, from September 19,

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2019 to October 3, 2019.

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Pursuant to Fed. R. Civ. P. 25(d), Andrew Wheeler is substituted for Scott Pruitt.
Andrew Wheeler assumed the position of Administrator on February 28, 2019.
CASE NO. 17-CV-02162-EMC
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINES

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WHEREAS, consequently, pursuant to local rule 7-2(a), the parties propose and

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stipulate that the deadline for the last day to be heard on motions for summary judgment

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be extended a commensurate two weeks, from October 24, 2019 to November 7, 2019.

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WHEREAS, the parties have been working cooperatively to address certain

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discovery disputes in good faith not to disrupt the proposed expert discovery schedule.

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Thus, the parties stipulate that these proposed extensions should not change or alter the

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Trial Date currently set for February 3, 2020.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and among the parties:
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The parties represent that they have met and conferred extensively and in

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good faith to schedule depositions for expert witnesses within the time allotted for expert

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discovery.

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2.

Good cause exists to extend deadlines to accommodate the expert

deposition schedule agreed upon by the parties.

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3.

The expert discovery cut-off date is September 18, 2019.

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4.

The last day to file dispositive motions is October 3, 2019.

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5.

The last day to be heard regarding dispositive motions is

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November 7, 2019.
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The Trial Date currently set for February 3, 2020, shall not change.

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DATE: 8/16/2019
/s/ by permission
MICHAEL CONNETT
WATERS, KRAUS & PAUL
222 N. Pacific Coast Hwy, Suite 1900
El Segundo, CA 90245

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Attorney for Plaintiffs

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DATE: 8/16/2016

/s/ Debra J. Carfora
______________________
DEBRA J. CARFORA
JOHN THOMAS H. DO
CASE NO. 17-CV-02162-EMC
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINES

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BRANDON N. ADKINS
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, DC 20044
Tel.
[phone]
Attorney for Defendants
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED this ______ day of ________________, 2019.
16th
August

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________________________________
EDWARD M. CHEN
United States District Judge

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CASE NO. 17-CV-02162-EMC
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINES

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CERTIFICATE OF SERVICE

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I hereby certify that a true and correct copy of the foregoing was served by Notice

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of Electronic Filing this 16th day of August, 2019, upon all ECF registered counsel of

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record using the Court’s CM/ECF system.

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/s/ Debra J. Carfora

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Debra J. Carfora, Trial Attorney

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CASE NO. 17-CV-02162-EMC
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINES

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