State of Washington v. Environmental Protection Agency et al

Filing 7

STIPULATION AND ORDER for relief from initial deadlines re parties' 6 Stipulated MOTION. The parties are released from the initial disclosure requirements of Rule 26(a)(1), as well as the requirements of Rule 26(f), requiring the parties to prepare a discovery plan. Signed by Judge Ricardo S Martinez. (TH)

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The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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12 STATE OF WASHINGTON,
Plaintiff,
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v.
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15 ENVIRONMENTAL PROTECTION
AGENCY, an agency of the United States,
16 and E. SCOTT PRUITT, in his official
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Defendants.
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CASE NO. C18-00645-RSM
STIPULATED MOTION AND
ORDER FOR RELIEF OF 26(F)
CONFERENCE, INITIAL
DISCLOSURES, AND JOINT
STATUS REPORT

Plaintiff THE STATE OF WASHINGTON, filed the above-captioned lawsuit

20 under the Freedom of Information Act (“FOIA”) against Defendants
21 ENVIRONMENTAL PROTECTION AGENCY and E. SCOTT PRUITT, in his official
22 capacity as Administrator, seeking disclosure of certain documents.
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To date, this Court has not yet issued an order setting deadlines for a Rule 26(f)

24 Conference, initial disclosures, and a joint status report. For the reasons stated below, the
25 parties respectfully request that the Court not issue an order setting those deadlines, and
26 instead allow the parties to submit a joint status report within the next 90 days.
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STIPULATED MOTION AND ORDER FOR RELIEF
18-cv-00645-RSM - 1

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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The parties agree that this case constitutes “an action for review on an

2 administrative record” under Rule 26(a)(1)(B)(i), and is exempt from the initial
3 disclosure requirements of Rule 26(a)(1), as well as from the requirements of Rule 26(f),
4 requiring the parties to prepare a discovery plan.
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Accordingly, through their counsel of record, William R. Sherman and Michelle

6 R. Lambert, the parties hereby STIPULATE AND AGREE that this case constitutes “an
7 action for review on an administrative record” under Rule 26(a)(1)(B)(i), and is exempt
8 from the initial disclosure requirements of Rule 26(a)(1), as well as from the
9 requirements of Rule 26(f), requiring the parties to prepare a discovery plan.
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Furthermore, the parties intend to work cooperatively to attempt to resolve this

11 litigation without motion practice. If at any time in the next 90 days it becomes apparent
12 that resolution between the parties is not feasible, the parties will submit a briefing
13 schedule to the Court.
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The parties propose a joint status report to be filed on or before September 12,

15 2018.
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DATED this 14th day of June, 2018.

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Respectfully Submitted,
ANNETTE L. HAYES
United States Attorney

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s/ Michelle R. Lambert
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant

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STIPULATED MOTION AND ORDER FOR RELIEF
18-cv-00645-RSM - 2

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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OFFICE OF THE ATTORNEY GENERAL
ROBERT W. FERGUSON
Attorney General

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s/ William R. Sherman
WILLIAM R. SHERMAN, WSBA# 29365
Assistant Attorney General
800 5th Ave Suite 2000, TB-14
Seattle, WA 98104
Phone: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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ORDER

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It is hereby ORDERED that:

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The parties are released from the initial disclosure requirements of Rule 26(a)(1),
16 as well as the requirements of Rule 26(f), requiring the parties to prepare a discovery
plan.
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Dated this 18 day of June, 2018.
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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER FOR RELIEF
18-cv-00645-RSM - 3

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]