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

Filing 15

ORDER re 14 granting STIPULATION TO CONTINUE ANSWER, INITIAL DISCOVERY, & ADR DEADLINES. Signed by Judge Claudia Wilken on 10/13/09. (scc, COURT STAFF) (Filed on 10/13/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division ROCHELLE L. RUSSELL (Cal. Bar No. 244992) Attorney, Environmental Defense Section United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Phone: [phone] Email: [e-mail] Counsel for Defendants

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

ASSOCIATION OF IRRITATED RESIDENTS, ) ) an unincorporated association, ) ) Plaintiff, ) vs. ) ) UNITED STATES ENVIRONMENTAL ) ) PROTECTION AGENCY, et al., ) ) Defendants. ) ) )

Case No. 09-cv-1890 CW STIPULATION TO CONTINUE ANSWER, INITIAL DISCOVERY, & ADR DEADLINES AND ORDER THEREON

Stipulation to Continue Answer, Initial Discovery, & ADR Deadlines and [Proposed] Order Thereon

-1-

Case No. 09-cv-1890 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, on April 30, 2009, Plaintiff Association of Irritated Residents filed the above-captioned matter against the United States Environmental Protection Agency ("EPA"), alleging that EPA has failed to undertake certain nondiscretionary duties under the Clean Air Act, 42 U.S.C. §§ 7401-7671q, and that such alleged failures are actionable under section 304(a)(2) of the CAA, 42 U.S.C. § 7604(a)(2); WHEREAS, in order to allow the parties to attempt settlement of this action, on July 14, 2009, Dkt. 13, the Court granted the parties' stipulation to continue EPA's time for responding to Plaintiff's Complaint until October 12, 2009, the parties' deadline to file initial discovery and fulfill ADR requirements until October 22, 2009, the parties' deadline to file a Case Management Statement until December 8, 2009, and the Case Management Conference until December 15, 2009; WHEREAS, Plaintiff and EPA have reached a tentative settlement, the agreement for which must first be approved by authorized officials at the U.S. Department of Justice and EPA, a process that can take several weeks; WHEREAS, Plaintiff and EPA believe that a short continuance of the above-mentioned initial deadlines will allow the parties sufficient time to finalize the settlement and conserve party and judicial resources; WHEREAS, Plaintiff and EPA intend for any final settlement to be entered through a Consent Decree, thereby precluding the need for the filing of an Answer, Initial Disclosures, and any ADR requirements; WHEREAS, Plaintiff and EPA believe that the requested continuance below will not adversely affect the schedule or resolution of this case; NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate as follows: (1) EPA's time for responding to Plaintiff's Complaint, currently set for October 12, 2009, is continued three weeks until November 2, 2009; and

Stipulation to Continue Answer, Initial Discovery, & ADR Deadlines and [Proposed] Order Thereon

-2-

Case No. 09-cv-1890 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(2) The parties' deadline to meet and confer regarding initial disclosures, early settlement, ADR process selection and certification, and discovery planning, currently set for October 22, 2009, is continued three weeks until November 12, 2009.

COUNSEL FOR PLAINTIFF: Dated: October 7, 2009 /s/ Alegrķa De La Cruz (by permission) ALEGRĶA DE LA CRUZ Center On Race, Poverty & the Environment 47 Kearny Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Counsel for Plaintiff

COUNSEL FOR DEFENDANTS: Dated: October 7, 2009 JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL Attorney, Environmental Defense Section United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Phone: [phone] Email: [e-mail] Counsel for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED. 10/13/09 Dated: _________________ __________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Stipulation to Continue Answer, Initial Discovery, & ADR Deadlines and [Proposed] Order Thereon

-3-

Case No. 09-cv-1890 CW