Opinion
Case No. 08-cv-05650 CW.
February 10, 2009
BRENT NEWELL MARYBELLE NZEGWU, Center On Race, Poverty the Environment, San Francisco, CA Counsel for Plaintiff Association of Irritated Residents.
JOHN C. CRUDEN Acting Assistant Attorney General Environment Natural Resources Division.
ROCHELLE L. RUSSELL (CA Bar No. 244992) Trial Attorney, U.S. Department of Justice, Environment Natural Resources Division San Francisco, CA, Attorney for Defendants.
ORDER GRANTING AS MODIFIED STIPULATION TO EXTEND ANSWER DEADLINE AND TO CONTINUE INITIAL DISCOVERY, ADR REQUIREMENTS, AND CASE MANAGEMENT CONFERENCE
WHEREAS, on December 18, 2008, Plaintiff Association of Irritated Residents filed the complaint in the above-captioned matter against Defendants United States Environmental Protection Agency; Lisa P. Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency; and Laura Yoshii, in her official capacity as Acting Regional Administrator for Region IX of the United States Environmental Protection Agency (collectively, "EPA"), alleging that EPA has failed to undertake certain nondiscretionary duties under section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2);
WHEREAS, Plaintiff and EPA seek to resolve this case through private settlement, thereby reducing litigation expenses and preserving the Court's resources, and are currently engaged in settlement discussions;
WHEREAS, any final settlement of this case must be approved by authorized officials at the United States Department of Justice and EPA, a process that can take several weeks;
WHEREAS, at least 30 days before any final settlement of this matter can be entered, EPA must provide notice of such settlement in the Federal Register and an opportunity for public comment pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g);
WHEREAS, no previous requests for extensions of time or continuances have been filed in this case, and the parties believe that the requested extension and continuances below will not adversely affect the schedule of this case;
NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate to the following:
1. EPA's time for responding to Plaintiffs' complaint is extended by 90 days to May 18, 2009;
2. The parties' deadline to meet and confer regarding initial disclosures, early settlement, ADR process selection and certification, and discovery planning is continued until June 3, 2009;
3. The parties' deadline to file initial disclosures, a Case Management Statement, and a Rule 26(f) Report is continued until June 17, 2009;
4. The initial case management conference is continued until June 29, 2009, or a date thereafter set by the Court.