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

Filing 24

STIPULATION AND ORDER re 17 to Extend Deadline for Defendants to Response to the Complaint and to Establish Briefing Schedule for Motion to Dismiss filed by E. Scott Pruitt, United States Environmental Protection Agency. Signed by Judge Edward M. Chen on 9/5/17. (bpfS, COURT STAFF) (Filed on 9/5/2017)

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JEFFREY H. WOOD
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
NORMAN L. RAVE, JR. (D.C. 431602)
Environmental Defense Section
601 D Street, NW, Suite 8000
Washington, DC 20004
Tel. [phone]
[e-mail]

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Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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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v.
U.S. Environmental Protection Agency,
et al.,

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Defendants.
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS
TO RESPOND TO THE COMPLAINT AND TO ESTABLISH
BRIEFING SHEDULE FOR MOTION TO DISMISS
AND [PROPOSED] ORDER
Defendants United States Environmental Protection Agency, et al., (“EPA”), and
Plaintiffs Food & Water Watch, et al., hereby stipulate to and request that the Court enter
the attached Order extending the time for EPA to respond to Plaintiffs’ Complaint and
establishing a briefing schedule for EPA’s motion to dismiss.
1. Pursuant to Fed. R. Civ. Proc. 12(a)(2), EPA’s response to Plaintiffs’
Complaint is currently due September 11, 2017.
CASE NO. 17-CV-02162-EMC
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT AND
TO ESTABLISH BRIEFING SCHEDULE FOR MOTION TO DISMISS AND [PROPOSED] ORDER

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2. EPA has informed Plaintiffs that, on the due date for the Response, it intends
to file a motion to dismiss the Complaint pursuant to Fed. R. Civ. Proc. 12(b).
3. Due to existing scheduling commitments, Counsel for Plaintiffs has asked EPA
for an extension in Plaintiffs’ time to respond to EPA’s motion.
4. After conferring, the parties have agreed to a two-week extension of EPA’s
time to respond to the Complaint and to the briefing schedule described below.

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5. This extension will not significantly delay resolution of the case.

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6. Accordingly, the parties jointly stipulate and request that the Court enter the

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attached order providing the following schedule:

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EPA’s Response to Complaint – September 25, 2017

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Plaintiffs’ Response to Motion to Dismiss – October 25, 2017

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EPA’s Reply on Motion to Dismiss – November 8, 2017.

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Dated: August 31, 2017

Respectfully submitted,

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JEFFREY H. WOOD
Acting Assistant Attorney General

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/s/ Norman L. Rave, Jr.
NORMAN L. RAVE, JR.
Environmental Defense Section
601 D Street, NW, Suite 8000
Washington, DC 20004
Tel: [phone]
Email: [e-mail]

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Attorneys for Defendants

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/s/ Michael Connett (by permission)
MICHAEL CONNETT
CHRIS NIDEL
Food & Water Watch
1814 Franklin St., Suite 1100
Oakland, CA 94612
Tel: [phone]

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Attorneys for Plaintiffs

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CASE NO. 17-CV-02162-EMC
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT AND
TO ESTABLISH BRIEFING SCHEDULE FOR MOTION TO DISMISS AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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Before the Court is the parties’ Stipulation to Extend Deadline for Defendants to

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Respond to the Complaint and to Establish Briefing Schedule for Motion to Dismiss And

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[Proposed] Order.. Upon due consideration, and for good cause shown, the parties’

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request is hereby GRANTED. It is further ordered that the following schedule will

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govern Defendants’ Response to the Complaint and briefing on Defendants’ intended

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Motion to Dismiss:

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Defendants’ Response to Complaint – September 25, 2017

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Plaintiffs’ Response to Motion to Dismiss – October 25, 2017

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Defendants’ Reply on Motion to Dismiss – November 8, 2017

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PURSUANT TO STIPULATION IT IS SO ORDERED.

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5th
September
DATED this ______ day of ________________, 2017.

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EDWARD M. CHEN
United States District Court RED
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CASE NO. 17-CV-02162-EMC
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT AND
TO ESTABLISH BRIEFING SCHEDULE FOR MOTION TO DISMISS AND [PROPOSED] ORDER

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

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of Electronic Filing this 31st day of August, 2017, upon all ECF registered counsel of

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record using the Court’s CM/ECF system.

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/s/ Norman L. Rave, Jr.
Norman L. Rave, Jr., Trial Attorney

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CASE NO. 17-CV-02162-EMC
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT AND
TO ESTABLISH BRIEFING SCHEDULE FOR MOTION TO DISMISS AND [PROPOSED] ORDER

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