Californians For Renewable Energy et al v. United States Environmental Protection Agency et al

Northern District of California, cand-4:2015-cv-03292

ORDER Granting Stipulated Request to Extend Stay Pending Settlement Negotiations. Signed by Judge Saundra Brown Armstrong on 11/09/2015.

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1 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 2 JOSHUA E. GARDNER Assistant Branch Director 3 M. ANDREW ZEE (CA Bar No. 272510) Attorney 4 Civil Division, Federal Programs Branch U.S. Department of Justice 5 450 Golden Gate Avenue, Room 7-5395 San Francisco, CA 94102 6 Telephone: (415) 436-6646 Facsimile: (415) 436-6632 7 E-mail: m.andrew.zee@usdoj.gov 8 Attorneys for Defendants 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 CALIFORNIANS FOR RENEWABLE 13 ENERGY et al., No. 4:15-cv-03292-SBA 14 Plaintiffs, 15 JOINT STATUS REPORT AND v. STIPULATED REQUEST TO EXTEND 16 STAY PENDING SETTLEMENT U.S. ENVIRONMENTAL PROTECTION NEGOTIATIONS 17 AGENCY et al., 18 Defendants. 19 20 21 22 23 24 25 26 27 28 CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA Joint Status Report and Stipulated Request to Extend Stay 1 JOINT STATUS REPORT 2 Pursuant to the Court's Order of September 15, 2015 [ECF No. 26], Plaintiffs, 3 CAlifornians for Renewable Energy; Ashurst Bar/Smith Community Organization; Citizens for 4 Alternatives to Radioactive Dumping; Maurice and Jane Sugar Law Center for Economic and 5 Social Justice; Sierra Club; and Michael Boyd, and Defendants, the U.S. Environmental 6 Protection Agency ("EPA") and Gina McCarthy, sued solely in her official capacity as 7 Administrator of the U.S. Environmental Protection Agency, submit this Joint Status Report 8 advising the Court of the status of their discussions and respectfully request a thirty-day 9 extension of the stay. 10 1. On July 15, 2015, Plaintiffs filed a Complaint in this Court asserting six claims 11 for relief against Defendants under the Administrative Procedure Act based on Title VI 12 complaints filed with EPA's Office of Civil Rights. ECF No. 1. Beginning on August 19, 2015, 13 counsel for the parties began conferring by telephone and in writing regarding the possibility of 14 negotiating a resolution to this case and the underlying Title VI complaints. Pursuant to the 15 parties' stipulated request, this Court on September 15, 2015 stayed proceedings for a period of 16 sixty (60) days to allow these discussions to continue without engaging in adversarial and 17 potentially burdensome litigation. 18 2. During the pendency of the stay, counsel for the parties have had discussions 19 regarding a potential framework for resolution of this litigation and the underlying Title VI 20 complaints. The parties have held multiple telephone conferences, and have exchanged 21 correspondence and information relevant to the administrative proceedings and proposals for 22 resolution of those proceedings and this litigation. The parties wish to continue those 23 discussions and believe that doing so while the litigation remains stayed for an additional period 24 of thirty (30) days would facilitate that process. In their original stipulated request, the parties 25 noted the possibility that an extension of the stay could be warranted, pending the parties' 26 discussions. 27 3. Accordingly, the parties respectfully request that the Court extend the stay, 28 currently in effect through November 16, 2015, through and including December 16, 2015. CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA Joint Status Report and Stipulated Request to Extend Stay 1 1 While the stay is in effect, either party may, with prior notice of at least two business days to the 2 opposing party, request that the Court lift the stay should the requesting party believe that the 3 parties' discussions are no longer productive. A proposed order is attached. 4 4. At present, the Court has set the following deadlines: 5 • December 3, 2015, for the filing of a Joint Case Management Statement, see 6 ECF No. 27; and 7 • December 10, 2015, for holding an initial Case Management Conference, see 8 ECF No. 27. 9 The parties agree and request that these deadlines be held in abeyance during the pendency of the 10 requested extension of the stay. The parties further agree to submit, seven (7) days prior to the 11 expiration of the requested extension of the stay or seven (7) days after the requested stay is 12 lifted for any reason, a Second Joint Status Report advising the Court of the status of their 13 discussions. 14 5. To date, the stay presently in effect is the only previous time modification in this 15 case. The parties respectfully submit that, other than those dates discussed above, this stipulated 16 request will not alter the date of any event or any deadline already fixed by Court order. 17 18 Dated: November 9, 2015. Respectfully submitted, 19 20 U.S. DEPARTMENT OF JUSTICE 21 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 22 JOSHUA E. GARDNER 23 Assistant Branch Director 24 /s/ Andrew Zee M. ANDREW ZEE (CA Bar No. 272510) 25 Attorney 26 Civil Division, Federal Programs Branch U.S. Department of Justice 27 450 Golden Gate Avenue, Room 7-5395 San Francisco, CA 94102 28 Telephone: (415) 436-6646 CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA Joint Status Report and Stipulated Request to Extend Stay 2 Facsimile: (415) 436-6632 1 E-mail: m.andrew.zee@usdoj.gov 2 Attorneys for Defendants 3 Dated: November 9, 2015. Respectfully submitted, 4 5 /s/ Irene V. Gutierrez IRENE V. GUTIERREZ 6 State Bar No. 252927 Earthjustice 7 50 California Street San Francisco, CA 94111 8 igutierrez@earthjustice.org Tel: 415-217-2000/Fax: 415-217-2040 9 MARIANNE L. ENGELMAN LADO* 10 New York Registration No. 2212579 JONATHAN SMITH 11 California State Bar No. 286941 Earthjustice 12 48 Wall Street, 19th Floor New York, NY 10005 13 mengelmanlado@earthjustice.org jjsmith@earthjustice.org 14 Tel: 212-845-7376/Fax: 212-918-1556 * Admitted Pro Hac Vice 15 16 Attorneys for Plaintiffs 17 18 ATTESTATION 19 Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and 20 password are being used in the electronic filing of this document, and further attest that I have 21 obtained the concurrence in the filing of the document from the other signatory. 22 23 /s/ Andrew Zee M. ANDREW ZEE (CA Bar #272510) 24 25 26 27 28 CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA Joint Status Report and Stipulated Request to Extend Stay 3 1 [PROPOSED] ORDER 2 Upon stipulation of the parties, and good cause appearing, the Court hereby orders that all 3 proceedings in this case shall be stayed for an additional period of thirty (30) days, through and 4 including December 16, 2015. All previously established case management deadlines shall be 5 held in abeyance during the pendency of this stay. The Court further orders that the parties shall 6 submit a Second Joint Status Report seven (7) days prior to the expiration of the stay or seven (7) 7 days after the requested stay is lifted for any reason advising the Court of the status of their 8 discussions. 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 13 Dated: November __, 9 2015 14 HON. SAUNDRA BROWN ARMSTRONG 15 United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 CARE et al. v. EPA et al., No. 4:15-cv-03292-SBA Joint Status Report and Stipulated Request to Extend Stay 4