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

Filing 12

STIPULATION AND ORDER TO CONTINUE ANSWER AND INITIAL CASE MANAGEMENT DEADLINES re 11 Stipulation filed by Lisa Jackson, Jared Blumenfeld. Joint Case Management Statement due by 1/19/2011. Initial Case Management Conference set for 1/27/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/11/10. (nah, COURT STAFF) (Filed on 8/11/2010)

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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 and Natural Resources Division MICHELLE R. LAMBERT Trial Attorney U.S. Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Tel: (202) 616-7501 Fax: (202) 514-8865 Email: michelle.lambert@usdoj.gov Attorney for Defendants 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-02859-PJH STIPULATION TO CONTINUE ANSWER AND INITIAL CASE MANAGEMENT DEADLINES AND [PROPOSED] ORDER THEREON STIPULATION TO CONTINUE ANSWER AND INITIAL CASE MANAGEMENT DEADLINES Case No. 10-cv-02859-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 June 29, 2010, Plaintiff Comite Civico del Valle, Inc. filed the complaint in the above-captioned matter against Defendants Lisa P. 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 failed to fulfill 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 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 90-day 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 entry of an order that: 1. 2. 19, 2011; 3. Extends EPA's time for responding to the complaint to December 6, 2010; Continues the parties' deadline to file a Case Management Statement to January 27 Continues the initial case management conference to January 26, 2011 at 2:00pm or a date and time thereafter set by the Court. COUNSEL FOR PLAINTIFFS: Dated: August 10, 2010 /s/ Richard Toshiyuki Drury (with permission) GIDEON KRACOV (SBN 179815) 801 S. Grand Avenue, Ste. 1100 Los Angeles, CA 90017 2 STIPULATION TO CONTINUE ANSWER AND INITIAL CASE MANAGEMENT DEADLINES Case No. 10-cv-02859-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 COUNSEL FOR DEFENDANTS: Dated: August 10, 2010 213.629.2071 FAX 213.623.7755 gk@gideonlaw.net RICHARD TOSHIYUKI DRURY (SBN 163559) Lozeau | Drury LLP 410 12th Street, Suite 250 Oakland, CA 94607 Telephone: (510) 836-4200 FAX (510) 836-4205 richard@lozeaudrury.com IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division /s/ Michelle R. Lambert MICHELLE R. LAMBERT Trial Attorney United States Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Telephone: (202) 616-7501 Fax: (202) 514-8865 Email: michelle.lambert@usdoj.gov PURSUANT TO STIPULATION, IT IS SO ORDERED. 8/11/10 Dated: _________________ __________________________________ ERE HON. PHYLLIS J. HAMILTON D O ORD I IS S UNITED STATESTDISTRICT JUDGE RT U O UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R STIPULATION TO CONTINUE ANSWER AND INITIAL CASE MANAGEMENT DEADLINES 3 Case No. 10-cv-02859-PJH A C LI FO hy Judge P llis J. H amilton R NIA NO RT H 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 CERTIFICATE OF SERVICE On August 10, 2010, a true and correct copy of the foregoing Stipulation to Continue Answer and Initial Case Management Deadlines and [Proposed] Order was served electronically via the Court's e-filing system to Counsel of Record. /s/ Michelle R. Lambert MICHELLE R. LAMBERT STIPULATION TO CONTINUE ANSWER AND INITIAL CASE MANAGEMENT DEADLINES 4 Case No. 10-cv-02859-PJH

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