Opinion
No. C11-03106 JSW
10-17-2011
MARTIN F. MCDERMOTT, Trial Attorney United States Department of Justice Environment & Natural Resources Division Environmental Defense Section Counsel for Defendants WENDY PARK, Associate Attorney Counsel for Plaintiffs
JOINT STIPULATION TO CONTINUE CASE MANAGEMENT REQUIREMENTS PENDING COMPLETION OF SETTLEMENT DISCUSSIONS
Plaintiffs and Defendants, by and through counsel, hereby jointly stipulate to a continuance of the case management conference requirements applicable to this case, pending completion of ongoing settlement discussions. The case management conference in this matter is currently scheduled for October 21, 2011. In support hereof, the parties state as follows: 1. This case involves claims that the United States Environmental Protection Agency has failed to undertake certain nondiscretionary duties under the Clean Air Act, 42 U.S.C. §§ 7401-7671q. 2. Plaintiffs and Defendants have been actively discussing settlement and are optimistic that a settlement will be reached in this matter. 3. In light of the ongoing settlement discussions, the parties request that case management requirements - including the case management statement and the case management conference currently set for October 21, 2011 -- be continued. If allowed, the parties would submit by December 1, 2011, a joint report advising of this matter's status and offering suggestions for further proceedings. Respectfully submitted October 14, 2011
MARTIN F. MCDERMOTT, Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
Counsel for Defendants
WENDY PARK, Associate Attorney
Counsel for Plaintiffs
PURSUANT TO STIPULATION, IT IS ORDERED THAT:
1. The case management conference in this matter, currently set for October 21, 2011, is hereby continued to a date to be determined. December 9, 2011 at 1:30 p.m.
2. On or before December 1, 2011, the parties will file a joint report advising the Court of this matter's status and offering suggestions for further proceedings.
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UNITED STATES DISTRICT JUDGE