Our Children's Earth Foundation et al v. U.S. Environmental Protection Agency et al

Filing 78

STIPULATION AND ORDER TO CONTINUE HEARING re 77 STIPULATION WITH PROPOSED ORDER re 70 Order,, Set Deadlines/Hearings, to Continue Hearing filed by U.S. Environmental Protection Agency. Signed by Magistrate Judge Kandis A. Westmore on 9/2/15. (sisS, COURT STAFF) (Filed on 9/2/2015)

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JOHN C. CRUDEN
Assistant Attorney General
JOHN THOMAS H. DO
U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
[phone]
[e-mail]

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Counsel for Defendants
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OUR CHILDREN’S EARTH FOUNDATION and )
ECOLOGICAL RIGHTS FOUNDATION,
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Plaintiffs,
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v.
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U.S. ENVIRONMENTAL PROTECTION
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AGENCY, et al.,
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Defendants.
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___________________________________________ )

Case No. 3:13-cv-2857-JSW-KAW
STIPULATION TO CONTINUE
HEARING;
[PROPOSED] ORDER

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Plaintiffs Our Children’s Earth Foundation and Ecological Rights Foundation (“Plaintiffs”),
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and Defendants U.S. Environmental Protection Agency and Gina McCarthy, Administrator, U.S.
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Environmental Protection Agency (“Defendants”) hereby stipulate and respectfully request a Court
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order continuing the hearing on Plaintiffs’ motion for attorneys’ fees and costs currently scheduled
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for September 3, 2015.
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WHEREAS, on February 26, 2015, Plaintiffs filed Motion for Attorneys’ Fees and Costs,
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Dkt. # 59, and that motion has been fully briefed;
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STIPULATION TO CONTINUE HEARING;
[PROPOSED] ORDER
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Case No. 3:13-cv-2857-JSW-KAW

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WHEREAS, on May 20, 2015, the Court continued the motion hearing on Plaintiffs’ motion
to September 3, 2015, Dkt. # 70;

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WHEREAS, undersigned counsel for federal Defendants underwent an unexpected medical
procedure on September 2, 2015, and has been instructed not to travel;

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WHEREAS, undersigned counsel for federal Defendants must undergo another medical
procedure in the near future, but that procedure has not yet been scheduled;

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WHEREAS, undersigned counsel for federal Defendants represents that he requires a
continuation of the motions hearing to recover from these medical procedures before he is able to
travel for this hearing;

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NOW THEREFORE, the parties respectfully request that the Court enter the attached order
providing Defendants until September 11, 2015 to file a stipulation providing the Court with a list of
potential dates to continue the hearing for Plaintiffs’ Motion for Attorneys’ Fees and Costs, Dkt. #
59.

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Respectfully submitted this 2nd day of September, 2015.
s/ Jodene Isaacs_(as authorized)_
CHRISTOPHER A. SPROUL
JODENE ISAACS
Environmental Advocates
5135 Anza Street
San Francisco, California 94121
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

JOHN C. CRUDEN
Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division

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STIPULATION TO CONTINUE HEARING;
[PROPOSED] ORDER
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Case No. 3:13-cv-2857-JSW-KAW

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s/ John Thomas H. Do
JOHN THOMAS H. DO, Trial Attorney
Environmental Defense Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
[phone] (Phone); [phone] (Fax)
[e-mail]

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Attorneys for Defendants
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E-FILING ATTESTATION

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Pursuant to Civil Local Rule 5.1(i)(3), I attest that counsel for Defendants has concurred
in the filing of this document.
s/ John Thomas H. Do
JOHN THOMAS H. Do
U.S. Department of Justice

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STIPULATION TO CONTINUE HEARING;
[PROPOSED] ORDER
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Case No. 3:13-cv-2857-JSW-KAW

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[PROPOSED] ORDER

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The above STIPULATION TO CONTINUE HEARING is GRANTED. The parties shall

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have until September 11, 2015 to file a stipulation providing a list of potential dates to continue

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the hearing on Plaintiffs’ Motion for Attorneys’ Fees and Costs, Dkt. # 59.

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9/2/15
Dated:________________

______________________________
HON. KANDIS A. WESTMORE
United States Magistrate Judge

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STIPULATION TO CONTINUE HEARING;
[PROPOSED] ORDER
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Case No. 3:13-cv-2857-JSW-KAW