Opinion
CASE No. Case No.4:09-CV-02453-CW
10-03-2011
WILDEARTH GUARDIANS, Plaintiff, v. LISA JACKSON, in her official capacity as Administrator of the Environmental Protection Agency, Defendant.
LISA JACKSON, in her official capacity as Administrator of the Environmental Protection Agency WildEarth Guardians James Jay Tutchton Norman L. Rave, Jr. U.S. Department of Justice Environment & Natural Resources Div. The State of North Dakota and the North Dakota Department of Health WAYNE STENEHJEM Attorney Genera l PAUL M. SEBY Special Assistant Attorney General CHAD A. WESTFALL Special Assistant Attorney General
STATE OF NORTH DAKOTA
WAYNE STENEHJEM
ATTORNEY GENERAL
Paul M. Seby (CO Bar 27487)
Pro Hac Vice
Special Assistant Attorney General
Moye White LLP
Chad A. Westfall (State Bar No. 208968)
Special Assistant Attorney General
Musick, Peeler & Garrett LLP
Attorneys for Proposed Intervenors The State of
North Dakota and the North Dakota Department of Health
STIPULATION AND REQUEST FOR
ORDER RESCHEDULING HEARING
DATE FOR (1) MOTION TO INTERVENE
FOR A LIMITED PURPOSE; AND (2)
MOTION FOR ORDER TO SHOW
CAUSE WHY DEFENDANT SHOULD
NOT BE HELD IN CONTEMPT FOR
EXCEEDING HER AUTHORITY UNDER
THE CONSENT DECREE
Proposed Intervenors The State of North Dakota and the North Dakota Department of Health, Plaintiff WildEarth Guardians, and Defendant Lisa Jackson (collectively the "Parties") hereby stipulate as follows:
WHEREAS Proposed Intervenors The State of North Dakota and the North Dakota Department of Health re-noticed their motion to intervene for a limited purpose (Docket No. 43) and their motion for an order to show cause why the Administrator of the U.S. Environmental Protection Agency should not be held in contempt (Docket No. 46) to be heard on November 10, 2011;and
WHEREAS this Court rescheduled those motions to Thursday, November 17, 2011 at 2:00 p.m.; and
WHEREAS counsel for Proposed Intervenors has a previous commitment and is unavailable on November 17, 2011; NOW, THEREFORE, the Parties stipulate, agree, and request an order rescheduling the motion to intervene for a limited purpose (Docket No. 43) and the motion for an order to show cause why the Administrator of the U.S. Environmental Protection Agency should not be held in contempt (Docket No. 46) to December 1, 2011 at 2:00 pm, or as soon thereafter as counsel may be heard, in the Oakland Branch of the U.S. District Court, Courtroom 2 - 4th Floor, 1301 Clay Street, Oakland, California.
IT IS SO STIPULATED AND AGREED.
LISA JACKSON, in her official capacity as
Administrator of the Environmental Protection
Agency
WildEarth Guardians
James Jay Tutchton
Norman L. Rave, Jr.
U.S. Department of Justice
Environment & Natural Resources Div.
The State of North Dakota and the North
Dakota Department of Health
WAYNE STENEHJEM
Attorney General
PAUL M. SEBY
Special Assistant Attorney General
CHAD A. WESTFALL
Special Assistant Attorney General
Judge Claudia Wilken