Opinion
No. C11-03106 JSW
11-28-2011
SIERRA CLUB and MEDICAL ADVOCATES FOR HEALTHY AIR, Plaintiffs, v. LISA JACKSON, in her official capacity as administrator of the U.S. Environmental Protection Agency, and JARED BLUMENFELD, in his official capacity as Regional Administrator for Region 9 of the U.S. Environmental Protection Agency, Defendants.
MARTIN F. MCDERMOTT, Trial Attorney United States Department of Justice Environment & Natural Resources Division Environmental Defense Section Counsel for Defendants WENDY PARK, Associate Attorney Earthjustice 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 further 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 December 9, 2011 at 1:30 p.m. 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. §§ 7401-767lq.
2. Plaintiffs and Defendants have been actively discussing settlement and have reached a tentative settlement of this matter, subject to appropriate approvals by government officials.
3. In light of the foregoing, the parties request that case management requirements -- including the case management statement and the case management conference currently set for December 9, 2011 -- be continued for not less than 45 days (i.e., until a date after January 23, 2012).
MARTIN F. MCDERMOTT, Trial Attorney
United States Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
Counsel for Defendants
WENDY PARK, Associate Attorney
Earthjustice
Counsel for Plaintiffs
PURSUANT TO STIPULATION, IT IS ORDERED THAT:
The case management conference in this matter, currently set for December 9, 2011 at 1:30 p.m., is hereby continued to February 10 , 2012.
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UNITED STATES DISTRICT JUDGE