Californians For Renewable Energy et al v. United States Environmental Protection Agency et al

Filing 29

ORDER Granting Stipulated Request to Extend Stay Pending Settlement Negotiations. Signed by Judge Saundra Brown Armstrong on 11/09/2015. (tmiS, COURT STAFF) (Filed on 11/9/2015)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
JOSHUA E. GARDNER
Assistant Branch Director
M. ANDREW ZEE (CA Bar No. 272510)
Attorney
Civil Division, Federal Programs Branch
U.S. Department of Justice
450 Golden Gate Avenue, Room 7-5395
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIANS FOR RENEWABLE
ENERGY et al.,
No. 4:15-cv-03292-SBA

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Plaintiffs,
v.

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U.S. ENVIRONMENTAL PROTECTION
AGENCY et al.,

JOINT STATUS REPORT AND
STIPULATED REQUEST TO EXTEND
STAY PENDING SETTLEMENT
NEGOTIATIONS

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Defendants.

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CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA
Joint Status Report and Stipulated Request to Extend Stay

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JOINT STATUS REPORT
Pursuant to the Court’s Order of September 15, 2015 [ECF No. 26], Plaintiffs,

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CAlifornians for Renewable Energy; Ashurst Bar/Smith Community Organization; Citizens for

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Alternatives to Radioactive Dumping; Maurice and Jane Sugar Law Center for Economic and

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Social Justice; Sierra Club; and Michael Boyd, and Defendants, the U.S. Environmental

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Protection Agency (“EPA”) and Gina McCarthy, sued solely in her official capacity as

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Administrator of the U.S. Environmental Protection Agency, submit this Joint Status Report

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advising the Court of the status of their discussions and respectfully request a thirty-day

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extension of the stay.

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1.

On July 15, 2015, Plaintiffs filed a Complaint in this Court asserting six claims

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for relief against Defendants under the Administrative Procedure Act based on Title VI

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complaints filed with EPA’s Office of Civil Rights. ECF No. 1. Beginning on August 19, 2015,

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counsel for the parties began conferring by telephone and in writing regarding the possibility of

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negotiating a resolution to this case and the underlying Title VI complaints. Pursuant to the

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parties’ stipulated request, this Court on September 15, 2015 stayed proceedings for a period of

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sixty (60) days to allow these discussions to continue without engaging in adversarial and

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potentially burdensome litigation.

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2.

During the pendency of the stay, counsel for the parties have had discussions

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regarding a potential framework for resolution of this litigation and the underlying Title VI

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complaints. The parties have held multiple telephone conferences, and have exchanged

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correspondence and information relevant to the administrative proceedings and proposals for

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resolution of those proceedings and this litigation. The parties wish to continue those

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discussions and believe that doing so while the litigation remains stayed for an additional period

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of thirty (30) days would facilitate that process. In their original stipulated request, the parties

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noted the possibility that an extension of the stay could be warranted, pending the parties’

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discussions.

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3.

Accordingly, the parties respectfully request that the Court extend the stay,

currently in effect through November 16, 2015, through and including December 16, 2015.
CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA
Joint Status Report and Stipulated Request to Extend Stay
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While the stay is in effect, either party may, with prior notice of at least two business days to the

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opposing party, request that the Court lift the stay should the requesting party believe that the

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parties’ discussions are no longer productive. A proposed order is attached.

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4.

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•

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December 3, 2015, for the filing of a Joint Case Management Statement, see
ECF No. 27; and

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At present, the Court has set the following deadlines:

December 10, 2015, for holding an initial Case Management Conference, see
ECF No. 27.

The parties agree and request that these deadlines be held in abeyance during the pendency of the

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requested extension of the stay. The parties further agree to submit, seven (7) days prior to the

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expiration of the requested extension of the stay or seven (7) days after the requested stay is

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lifted for any reason, a Second Joint Status Report advising the Court of the status of their

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discussions.

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5.

To date, the stay presently in effect is the only previous time modification in this

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case. The parties respectfully submit that, other than those dates discussed above, this stipulated

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request will not alter the date of any event or any deadline already fixed by Court order.

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Dated: November 9, 2015.

Respectfully submitted,

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U.S. DEPARTMENT OF JUSTICE

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
JOSHUA E. GARDNER
Assistant Branch Director

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/s/ Andrew Zee
M. ANDREW ZEE (CA Bar No. 272510)
Attorney
Civil Division, Federal Programs Branch
U.S. Department of Justice
450 Golden Gate Avenue, Room 7-5395
San Francisco, CA 94102
Telephone: [phone]

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CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA
Joint Status Report and Stipulated Request to Extend Stay
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Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants
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Dated: November 9, 2015.

Respectfully submitted,
/s/ Irene V. Gutierrez
IRENE V. GUTIERREZ
State Bar No. 252927
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
Tel: [phone]/Fax: [phone]

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MARIANNE L. ENGELMAN LADO*
New York Registration No. 2212579
JONATHAN SMITH
California State Bar No. 286941
Earthjustice
48 Wall Street, 19th Floor
New York, NY 10005
[e-mail]
[e-mail]
Tel: [phone]/Fax: [phone]
* Admitted Pro Hac Vice

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Attorneys for Plaintiffs

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ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and
password are being used in the electronic filing of this document, and further attest that I have
obtained the concurrence in the filing of the document from the other signatory.
/s/ Andrew Zee
M. ANDREW ZEE (CA Bar #272510)

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CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA
Joint Status Report and Stipulated Request to Extend Stay
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[PROPOSED] ORDER
Upon stipulation of the parties, and good cause appearing, the Court hereby orders that all

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proceedings in this case shall be stayed for an additional period of thirty (30) days, through and

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including December 16, 2015. All previously established case management deadlines shall be

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held in abeyance during the pendency of this stay. The Court further orders that the parties shall

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submit a Second Joint Status Report seven (7) days prior to the expiration of the stay or seven (7)

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days after the requested stay is lifted for any reason advising the Court of the status of their

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discussions.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November __, 2015
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HON. SAUNDRA BROWN ARMSTRONG
United States District Court Judge

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CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA
Joint Status Report and Stipulated Request to Extend Stay
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