Center for Environmental Health et al v. Perdue et al

Filing 144

ORDER granting 143 Stipulation to Continue Stay. Signed by Judge Richard Seeborg on 07/23/2021. (bxsS, COURTSTAFF) (Filed on 7/23/2021)

Case 3:18-cv-01763-RS Document 144 Filed 07/23/21 Page 1 of 5

1 George A. Kimbrell (Pro Hac Vice)
Amy van Saun (Pro Hac Vice)
2 CENTER FOR FOOD SAFETY
2009 NE Alberta St., Suite 207
3 Portland, Oregon 97211
T: [phone]
4 Emails: [e-mail]
[e-mail]
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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CENTER FOR ENVIRONMENTAL
HEALTH et al.,

Case No. 3:18-cv-01763-RS

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Plaintiffs,

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v.

JOINT STATUS REPORT AND
STIPULATION TO CONTINUE STAY

THOMAS VILSACK, in his official capacity as
Secretary of U.S. Department of Agriculture et
al.,

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Defendants.

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Joint Status Report

Case 3:18-cv-01763-RS Document 144 Filed 07/23/21 Page 2 of 5

JOINT STATUS REPORT AND STIPULATION TO CONTINUE STAY

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Pursuant to Local Rule 7-12 and the stipulated order entered June 21, 2021, ECF No. 142,

3 the Plaintiffs—Center for Environmental Health; Center for Food Safety; Cultivate Oregon;
4 International Center for Technology Assessment; National Organic Coalition; Animal Legal
5 Defense Fund; and Humane Society of the United States—and Defendants—Thomas Vilsack,
6 Secretary of the U.S. Department of Agriculture; Bruce Summers, Administrator of the Agricultural
7 Marketing Service; Jennifer Tucker, Ph.D., Deputy Administrator of the National Organic Program;
8 and United States Department of Agriculture (USDA)—through their respective undersigned
9 counsel, hereby state as follows:
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1.

On January 22, 2021, the parties sought a limited 30-day stay to explore the potential

11 for an agreement that would allow resolution of this matter without further litigation. This Court
12 granted the stay, ECF No. 134, and ordered a joint status report by March 19, 2021.
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2.

On March 19, 2021 the parties provided a joint status report that sought an

14 additional 30-day stay to allow for continued discussions around an agreement to resolve the
15 litigation. ECF No. 135.
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3.

The parties filed a similar joint status report on April 20, 2021 and the Court ordered

17 an additional 30-day stay. ECF No. 137, 138.
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4.

On May 20, 2021, the parties sought and were granted an additional 30-day stay to

19 continue settlement discussions. ECF Nos. 139, 140.
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5.

On June 17, 2021, the parties sought an additional 30-day stay and it was granted on

21 June 21, 2021. ECF Nos. 141, 142.
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6.

Plaintiffs and Defendants met and conferred following the latest stay order, most

23 recently on July 16, 2021. The discussion continues to be productive and the parties are working to
24 memorialize their points of agreement and reach an agreement in principle. However, the parties
25 are still negotiating key points, and their efforts to make further progress have been slowed by the
26 press of work in other cases and pre-scheduled summer vacation plans. To allow for continued
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28 Center for Environmental Health et al v. Vilsack et al., No. 3:18-cv-01763-RS
Joint Status Report

Case 3:18-cv-01763-RS Document 144 Filed 07/23/21 Page 3 of 5

1 efforts to resolve the litigation without further briefing, the parties seek an additional 30-day stay.
2 The parties intend this to be the final stay absent reaching an agreement in principle by August 20,
3 2021 or other unforeseen circumstances.
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

5 parties, that these proceedings should be stayed for an additional 30 days, with a joint status report
6 no later than August 20, 2021.
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Dated: July 21, 2021

Respectfully submitted,
/s/ George A. Kimbrell
George A. Kimbrell (Pro Hac Vice)
Amy van Saun (Pro Hac Vice)
Center for Food Safety
2009 NE Alberta St., Suite 207
Portland, Oregon 97211
T: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Plaintiffs
BRIAN M. BOYNTON
Acting Assistant Attorney General
ERIC R. WOMACK
Assistant Branch Director
Federal Programs Branch
/s/ Serena M. Orloff
SERENA M. ORLOFF
Cal. Bar. No. 260888
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street NW
Washington, D.C. 20005
Tel: [phone]
Fax: [phone]
Email: [e-mail]

28 Center for Environmental Health et al v. Vilsack et al., No. 3:18-cv-01763-RS
Joint Status Report

Case 3:18-cv-01763-RS Document 144 Filed 07/23/21 Page 4 of 5

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Attorney for Defendants

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Joint Status Report

Case 3:18-cv-01763-RS Document 144 Filed 07/23/21 Page 5 of 5

ORDER

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Having considered the parties’ joint stipulation to continue the stay of these proceedings pending

3 the parties’ settlement discussions, and good cause appearing, the Court hereby ORDERS that this
4 proceeding will continued to be STAYED for an additional 30 days, ending August 20, 2021. The parties
5 shall submit a joint status report regarding further proceedings no later than that date.
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8 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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10 Dated: July 23rd, 2021
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_________________________
HON. RICHARD SEEBORG
United States District Judge

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28 Center for Environmental Health et al v. Vilsack et al., No. 3:18-cv-01763-RS
Order