Center for Biological Diversity, Greenpeace, Inc et al v. United States Environmental Protection Agency et al

Filing 30

ORDER [MODIFIED] CONTINUING CASE MANAGMEMENT CONFERENCE. The 5/21/2012 Case Management Conference is VACATED. Denying as Moot the 29 Consent MOTION to Appear by Telephone at Case Management Conference filed by Lisa P. Jackson, United States Environmental Protection Agency. Case Management Conference is reset for 7/2/2012 02:00 PM. Telephonic appearances will not be allowed. Signed by Judge Yvonne Gonzalez Rogers on 5/11/12. (fs, COURT STAFF) (Filed on 5/11/2012)

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1 2 3 4 5 6 7 8 9 10 11 VERA P. PARDEE (State Bar No. 106146) Center for Biological Diversity 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: 415.436.9682 ext. 317 Facsimile: 415.436.9683 Attorney for Plaintiff CENTER FOR BIOLOGICAL DIVERSITY HELEN H. KANG (State Bar No. 124730) Environmental Law and Justice Clinic Golden Gate University School of Law 536 Mission Street San Francisco, CA 94105 Telephone: 415.442.6647 Facsimile: 415.896.2450 13 Attorney for Plaintiffs GREENPEACE, INC. and PORT TOWNSEND AIRWATCHERS 14 [Counsel for Defendants listed below] 12 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 OAKLAND DIVISION 19 20 21 22 CENTER FOR BIOLOGICAL DIVERSITY, GREENPEACE, INC., and PORT TOWNSEND AIRWATCHERS, Plaintiffs, v. 23 24 25 26 27 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and LISA P. JACKSON, Administrator, United States Environmental Protection Agency, Defendants, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C-11-06059 YGR Complaint Filed: December 6, 2011 JOINT CASE MANAGEMENT STATEMENT: MODIFIED PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE 28 Joint CMC Statement Case No. C-11-06059 YGR 1 1 2 3 4 5 6 7 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division NORMAN L. RAVE, JR. (D.C. 431602) Environmental Defense Section Environment & Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20044 TEL: (202) 616–7568 FAX: (202) 514-8865 e-mail: norman.rave@usdoj.gov 8 9 Attorney for Defendants 10 ORDER [MODIFIED] 11 12 13 14 15 1. The May 21, 2012 Case Management Conference is CONTINUED to July 2, 2012. Telephonic appearances will not be allowed. 2. The Consent Motion to Appear by Telephone at the May 21, 2012 Case Management Conference, Dkt. No. 29, is DENIED AS MOOT. 16 3. Initial disclosures should be made by May 29, 2012. 17 4. Defendants shall provide Plaintiffs with a settlement proposal with a proposed 18 schedule of compliance by May 29, 2012. Along with its settlement proposal Defendants will 19 identify each required task; the time required to perform them; and the bases for the amount of 20 time Defendants propose for performing each task. 21 5. The parties shall meet and confer on Defendants’ production of their proposed 22 schedule of compliance to determine whether a settlement is likely and to propose a discovery 23 plan on or before June 12, 2012. The parties shall submit to this Court a discovery plan by June 24 14, 2012. 25 6. Plaintiffs’ Position: Unless the parties agree to settle the case or stipulate to an 26 extension, Defendants shall produce the proposed schedule of compliance (which shall not be 27 subject to any settlement privilege) to Plaintiffs by June 12, 2012, and identify each required 28 Joint CMC Statement Case No. C-11-06059 YGR 2 1 task; the time required to perform each; and the bases for the amount of time Defendants propose 2 for performing each task. 3 Defendants’ Position: Unless the parties agree to settle the case or stipulate to an 4 extension, Defendants shall produce a proposed schedule of compliance (which shall not be 5 subject to any settlement privilege) to Plaintiffs by June 12, 2012. 6 7 8 9 7. This Order Terminates Docket Number 29. Dated: May 11, 2012 _________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint CMC Statement Case No. C-11-06059 YGR 3

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