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

Filing 24

ORDER re 21 granting STIPULATION to extend deadline to file bill and motion for costs. Signed by Judge Claudia Wilken on 03/22/2010. (scc, COURT STAFF) (Filed on 3/22/2010)

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Alegrķa De La Cruz (SBN 229713) Brent Newell (SBN 210312) CENTER ON RACE POVERTY & THE ENVIRONMENT 47 Kearny Street, Suite 804 San Francisco, CA 94108 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff Association of Irritated Residents UNITED STATES DISTRICT COURT

8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
S T I P U L A T I O N TO EXTEND TIM E T O FILE A BILL AND MOTION FOR COSTS

ASSOCIATION OF IRRITATED RESIDENTS, ) an unincorporated association, ) ) Plaintiff, ) ) v. ) ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, LISA 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, ) ) Defendants.

Case No. 09-cv-01890-CW

STIPULATION TO EXTEND TIME TO FILE A BILL AND A MOTION FOR COSTS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, any final settlement of this case must be approved by authorized officials at 20 the United States Department of Justice and EPA, a process that can take several weeks; 21 22 23 24 25 26 27 28
S T I P U L A T I O N TO EXTEND TIM E T O FILE A BILL AND MOTION FOR COSTS

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 Clean Air Act, 42 U.S.C. § 7604(a)(2); WHEREAS, the parties have agreed to a private settlement of this action, thereby reducing litigation expenses and preserving the Court's resources; WHEREAS, on December 30, 2009, the Court entered a Consent Decree in the abovecaptioned matter; WHEREAS, in that Consent Decree, the deadline to file a bill of costs pursuant to local rule 54-1 and a motion for costs of litigation, including reasonable attorneys' fees, was set for 60 days after the entry of the Consent Decree; WHEREAS, the parties are currently negotiating fees and believe they can resolve informally the issue of fees and costs without a motion;

WHEREAS, the only other requested extension of time was to facilitate settlement discussions; WHEREAS, the parties believe that the requested extension 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:

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1. AIR's time to file a Bill of Costs and Motion for Costs and Fees is extended by 60 days to April 29, 2010.

COUNSEL FOR PLAINTIFF:

Dated: 2/24/10

/s/ Alegrķa De La Cruz

ALEGRĶA DE LA CRUZ BRENT NEWELL Center On Race, Poverty & the Environment 47 Kearny Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Counsel for Plaintiff Association of Irritated Residents

COUNSEL FOR DEFENDANTS:

Dated: 2/24/10 21 22 23 24 25 26 27 28

IGNACIA S. MORENO 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

S T I P U L A T I O N TO EXTEND TIM E T O FILE A BILL AND MOTION FOR COSTS

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San Francisco, CA 94105 Phone: [phone] Email: [e-mail] Counsel for Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:__3/22/2010_ ________ _____________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

S T I P U L A T I O N TO EXTEND TIM E T O FILE A BILL AND MOTION FOR COSTS