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

Filing 80

ORDER GRANTING AS MODIFIED 79 STIPULATION to Continue Hearing as to 59 MOTION for Attorney Fees and Costs. Motion Hearing set for 11/19/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Signed by Judge KANDIS A. WESTMORE on 9/16/15. (jjoS, COURT STAFF) (Filed on 9/16/2015)

Case4:13-cv-02857-JSW Document79 Filed09/11/15 Page1 of 4

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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

AS MODIFIED

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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 until October 15,
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2015 or shortly thereafter.
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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 as of July 6, 2015;
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STIPULATION TO CONTINUE HEARING;
[PROPOSED] ORDER
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Case No. 3:13-cv-2857-JSW-KAW

Case4:13-cv-02857-JSW Document79 Filed09/11/15 Page2 of 4

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WHEREAS, on May 20, 2015, the Court continued the motion hearing on Plaintiffs’ motion
to September 3, 2015, Dkt. # 70;
WHEREAS, undersigned counsel for federal Defendants underwent an unexpected medical
procedure on September 2, 2015, and was instructed not to travel;
WHEREAS, undersigned counsel for federal Defendants represents that he must undergo a
more extensive medical procedure in the month of September;
WHEREAS, on September 2, 2015, Dkt. #78, the Court signed the parties’ stipulation, Dkt.
#77, to continue the motion hearing to allow undersigned counsel for federal Defendants sufficient
time to recover from these medical procedures;
WHEREAS, undersigned counsel for federal Defendants now represents that he anticipates
being able to travel for a motion hearing scheduled on October 15, 2015 or later;
NOW THEREFORE, the parties respectfully request that the Court continue the hearing for
Plaintiffs’ Motion for Attorneys’ Fees and Costs, Dkt. # 59, until October 15, 2015 or a date shortly
thereafter.

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Respectfully submitted this 11th 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

Case4:13-cv-02857-JSW Document79 Filed09/11/15 Page3 of 4

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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
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. Plaintiffs’

November 19,

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Motion for Attorneys’ Fees and Costs, Dkt. # 59, shall be scheduled for October 15, 2015 at

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11:00 AM.

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September 16, 2015
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