WildEarth Guardians v. Jackson

Filing 62

ORDER Granting 60 Stipulation. Motion Hearing set for 12/1/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 10/3/2011. (ndr, COURT STAFF) (Filed on 10/3/2011)

1 STATE OF NORTH DAKOTA
WAYNE STENEHJEM
2 ATTORNEY GENERAL
3 Paul M. Seby (CO Bar 27487)
Pro Hac Vice
4 Special Assistant Attorney General
Moye White LLP
5 1400 16th Street, Sixth Floor
Denver, CO 80202
[phone]
6 Telephone:
Facsimile:
[phone]
[e-mail]
7
8 Chad A. Westfall (State Bar No. 208968)
Special Assistant Attorney General
9 Musick, Peeler & Garrett LLP
100 Montgomery Street, Suite 2525
10 San Francisco, CA 94104
Telephone:
[phone]
[phone]
11 Facsimile:
[e-mail]
12
Attorneys for Proposed Intervenors The State of
13 North Dakota and the North Dakota Department of Health
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

16 WILDEARTH GUARDIANS,
Plaintiff,

17
vs.

18

19 LISA JACKSON, in her official capacity as
Administrator of the Environmental Protection
20 Agency,
Defendant.

21

CASE No. Case No.4:09-CV-02453-CW
STIPULATION AND REQUEST FOR
ORDER RESCHEDULING HEARING
DATE FOR (1) MOTION TO INTERVENE
FOR A LIMITED PURPOSE; AND (2)
MOTION FOR ORDER TO SHOW
CAUSE WHY DEFENDANT SHOULD
NOT BE HELD IN CONTEMPT FOR
EXCEEDING HER AUTHORITY UNDER
THE CONSENT DECREE
Date: December 1, 2011
Time: 2:00 p.m.
Crtrm.: 2

22
23
24
25

Proposed Intervenors The State of North Dakota and the North Dakota Department of

26 Health, Plaintiff WildEarth Guardians, and Defendant Lisa Jackson (collectively the “Parties”)
27 hereby stipulate as follows:
28

756289.1

WHEREAS Proposed Intervenors The State of North Dakota and the North Dakota
Case No.4:09-CV-02453-CW
1
STIPULATION AND REQUEST FOR ORDER
RESCHEDULING MOTIONS

1 Department of Health re-noticed their motion to intervene for a limited purpose (Docket No. 43)
2 and their motion for an order to show cause why the Administrator of the U.S. Environmental
3 Protection Agency should not be held in contempt (Docket No. 46) to be heard on November 10,
4 2011; and
WHEREAS this Court rescheduled those motions to Thursday, November 17, 2011 at 2:00

5

6 p.m.; and
WHEREAS counsel for Proposed Intervenors has a previous commitment and is

7

8 unavailable on November 17, 2011;
9 NOW, THEREFORE, the Parties stipulate, agree, and request an order rescheduling the motion to
10 intervene for a limited purpose (Docket No. 43) and the motion for an order to show cause why
11 the Administrator of the U.S. Environmental Protection Agency should not be held in contempt
12 (Docket No. 46) to December 1, 2011 at 2:00 pm, or as soon thereafter as counsel may be heard,
13 in the Oakland Branch of the U.S. District Court, Courtroom 2 - 4th Floor, 1301 Clay Street,
14 Oakland, California.
15

IT IS SO STIPULATED AND AGREED.

16 LISA JACKSON, in her official capacity as
Administrator of the Environmental Protection
17 Agency

WildEarth Guardians
/s/
James Jay Tutchton

19 Norman L. Rave, Jr.
U.S. Department of Justice
20 Environment & Natural Resources Div.

S

R NIA

ilken

laudia W
Judge C

RT

A

H

ER

FO

UNIT
ED

D
RDERE

OO
IT IS S

NO

25 PAUL M. SEBY
Special Assistant Attorney General
26
CHAD A. WESTFALL
27 Special Assistant Attorney General

RT
U
O

21 The State of North Dakota and the North
Dakota Department of Health
22
/s/
23
WAYNE STENEHJEM
24 Attorney General

S DISTRICT
TE
C
TA

LI

/s/

18

N

F
D IS T IC T O
R

C

28
756289.1

2

Case No.4:09-CV-02453-CW
STIPULATION AND REQUEST FOR ORDER
RESCHEDULING MOTIONS