Comite Civico del Valle, Inc. v. Jackson et al

Filing 8

STIPULATION AND ORDER STAYING CASE FOR 90 DAYS TO ALLOW FOR FINAL SETTLEMENT re 7 Stipulation filed by Lisa Jackson, Jared Blumenfeld. Signed by Judge Phyllis J. Hamilton on 5/3/10. (nah, COURT STAFF) (Filed on 5/3/2010)

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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 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division ROCHELLE L. RUSSELL Trial Attorney United States Department of Justice Environment & Natural Resources Division Environmental Defense Section 301 Howard Street, Suite 1050 San Francisco, CA 94105 Telephone: (415) 744-6566 Fax: (415) 744-6476 Email: rochelle.russell@usdoj.gov IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION COMITE CIVICO DEL VALLE, INC., Plaintiff, v. LISA JACKSON, in her official capacity as Administrator of the United States Environmental Protection Agency, and JARED BLUMENFELD, in his official capacity as Regional Administrator for Region IX of the United States Environmental Protection Agency, Defendants. Case No. 10-cv-00946 PJH STIPULATION TO A 90-DAY STAY TO ALLOW FOR FINAL SETTLEMENT STIPULATION TO A 90-DAY STAY ALLOW FOR FINAL SETTLEMENT TO Case No. 10-cv-00946 PJH 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 March 5, 2010, Plaintiff Comite Civico Del Valle, Inc. filed the complaint in the above-captioned matter against Defendants Lisa Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency, and Jared Blumenfeld, in his official capacity as Regional Administrator for Region IX of the United States Environmental Protection Agency (collectively, "EPA"), alleging that EPA has failed to undertake a certain nondiscretionary duty under the Clean Air Act, 42 U.S.C. 7401-7671q, and that such alleged failure is actionable under section 304(a)(2) of the Clean Air Act, 42 U.S.C. 7604(a)(2); WHEREAS, on April 21, 2010, the parties reached a tentative settlement that will, if entered, fully resolve Plaintiff's nondiscretionary duty claim against EPA in this Clean Air Act citizen suit; WHEREAS, the parties will reduce the settlement to a written agreement, in the form of a proposed consent decree, that will need to be reviewed and authorized by the necessary officials at the U.S. Department of Justice and EPA; WHEREAS, once approved, EPA will lodge the proposed consent decree with the Court and publish in the Federal Register a notice of the proposed consent decree and request public comments, pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. 7413(g). After a reasonable comment period (at least 30 days), the EPA Administrator will promptly consider any written comments received and, if none of the comments disclose facts or considerations which indicate that the proposed consent decree is inappropriate, improper, inadequate, or inconsistent with the requirements of the Clean Air Act, the parties will jointly move the Court for entry of the decree; WHEREAS, the parties agree that, in light of the tentative settlement reached between the parties and the requisite government approval, lodging, and public comment processes described above, as well as the principle that federal courts have inherent authority "to stay proceedings in the interest of saving time and effort for [themselves] and litigants," ATSA of Cal., Inc. v. Continental Ins. Co., 702 F.2d 172, 176 (9th Cir. 1983), a stay of the case is justified; WHEREAS, there have been no previous stays requested in this case; S T IP U L A T IO N TO A 90-DAY STAY ALLOW FOR FINAL SETTLEMENT TO -1- Case No. 10-cv-00946 PJH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOW THEREFORE the parties, by and through their undersigned counsel, hereby stipulate to a 90-day stay of this case, including any answer, initial discovery, ADR or motion deadlines, to allow for final settlement in this matter, including the lodging of and public comment on a proposed consent decree. Respectfully submitted, COUNSEL FOR DEFENDANTS: Dated: April 28, 2010 IGNACIA S. MORENO 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: (415) 744-6566 Email: rochelle.russell@usdoj.gov Counsel for Defendants COUNSEL FOR PLAINTIFF: 15 Dated: April 28, 2010 16 17 18 Email: gk@gideonlaw.net 19 20 21 22 23 24 25 26 27 28 S T IP U L A T IO N TO A 90-DAY STAY ALLOW FOR FINAL SETTLEMENT TO /s/ Gideon Kracov (with permission) GIDEON KRACOV 801 S. Grand Avenue, Ste. 1100 Los Angeles, CA 90017 Phone: (213) 629-2071 RICHARD TOSHIYUKI DRURY Lozeau - Drury LLP 1516 Oak Street, Suite 216 Alameda, CA 94501 Counsel for Plaintiff Comite Civico del Valle, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. 5/3/10 Dated: ______________________ UNIT ED ___________________________________ ISTRIC ES D T HON. PHYLLIS J. HAMILTONC AT T UNITED STATES DISTRICT JUDGE RT U O S R NIA FO A O ORD IT IS S Judge P ERED Ham hyllis J. ilton ER -2- N C F D IS T IC T O R Case No. 10-cv-00946 PJH LI NO RT H

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