Association of Irritated Residents v. United States Environmental Protection Agency et al

Filing 13

ORDER re 12 GRANTING AS MODIFIED STIPULATION TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR REQUIREMENTS, AND CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 6/30/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 2/17/09. (scc, COURT STAFF) (Filed on 2/17/2009)

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JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division ROCHELLE L. RUSSELL (CA Bar No. 244992) Trial Attorney U.S. Department of Justice Environment & Natural Resources Division 301 Howard Street, Suite 1050 San Francisco, CA 94150 Tel: [phone] Fax: [phone] Email: [e-mail] Attorney for Defendants

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LISA P. JACKSON, in her official capacity as Administrator of the United States Environmental Protection Agency, and LAURA YOSHII, in her official capacity as Acting Regional Administrator for Region IX of the United States Environmental Protection Agency,1/ Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08-cv-05650 CW ORDER GRANTING AS MODIFIED STIPULATION TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR REQUIREMENTS, AND CASE MANAGEMENT CONFERENCE

/ Stephen L. Johnson and Wayne Nastri were previously named as defendants in their official capacities as Administrator and Regional Administrator, respectively, of the United States Environmental Protection Agency ("EPA"). Pursuant to Federal Rule of Civil Procedure 25(d), their successors, Lisa P. Jackson, Administrator of EPA, and Laura Yoshii, Acting Regional Administrator of EPA, are automatically substituted as defendants.
Stipulation to Extend Answer Deadline and to Continue Initial Discovery, ADR Requirements, and Case Management Conference

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Case No. 08-cv-05650 CW

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WHEREAS, on December 18, 2008, Plaintiff Association of Irritated Residents filed the complaint in the above-captioned matter against Defendants United States Environmental Protection Agency; Lisa P. Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency; and Laura Yoshii, in her official capacity as Acting Regional Administrator for Region IX of the United States Environmental Protection Agency (collectively, "EPA"), alleging that EPA has failed to undertake certain nondiscretionary duties under section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2); WHEREAS, Plaintiff and EPA seek to resolve this case through private settlement, thereby reducing litigation expenses and preserving the Court's resources, and are currently engaged in settlement discussions; WHEREAS, any final settlement of this case must be approved by authorized officials at the United States Department of Justice and EPA, a process that can take several weeks; WHEREAS, at least 30 days before any final settlement of this matter can be entered, EPA must provide notice of such settlement in the Federal Register and an opportunity for public comment pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g); WHEREAS, no previous requests for extensions of time or continuances have been filed in this case, and the parties believe that the requested extension and continuances below will not adversely affect the schedule of this case; NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate to the following: 1. 18, 2009; 2. The parties' deadline to meet and confer regarding initial disclosures, early EPA's time for responding to Plaintiffs' complaint is extended by 90 days to May

settlement, ADR process selection and certification, and discovery planning is continued until June 3, 2009; 3. The parties' deadline to file initial disclosures, a Case Management Statement,

and a Rule 26(f) Report is continued until June 17, 2009; 4. The initial case management conference is continued until June 29, 2009, or a

Stipulation to Extend Answer Deadline and to Continue Initial Discovery, ADR Requirements, and Case Management Conference

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Case No. 08-cv-05650 CW

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date thereafter set by the Court.

COUNSEL FOR PLAINTIFF: Dated: February 10, 2009 /s/ Brent Newell (with permission) BRENT NEWELL MARYBELLE NZEGWU Center On Race, Poverty & the Environment 47 Kearney Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Email: [e-mail] Counsel for Plaintiff Association of Irritated Residents

COUNSEL FOR DEFENDANTS: Dated: February 10, 2009 JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL Trial Attorney, U.S. Department of Justice Environmental & Natural Resources Division 301 Howard Street, Suite 1050 San Francisco, CA 94150 Tel: [phone] Fax: [phone] Email: [e-mail] Attorney for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED, EXCEPT THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO JUNE 30, 2009, AT 2:00 P.M. 2/17/09 Dated: _________________ __________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Stipulation to Extend Answer Deadline and to Continue Initial Discovery, ADR Requirements, and Case Management Conference

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Case No. 08-cv-05650 CW

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CERTIFICATE OF SERVICE I certify that on February 10, 2009, a true and correct copy of the foregoing STIPULATION TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR REQUIREMENTS, AND CASE MANAGEMENT CONFERENCE was served electronically via the Court's e-filing system to Counsel of Record.

/s/ Rochelle L. Russell ROCHELLE L. RUSSELL

Stipulation to Extend Answer Deadline and to Continue Initial Discovery, ADR Requirements, and Case Management Conference

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Case No. 08-cv-05650 CW