Center For Food Safety et al v. Vilsack et al

Northern District of California, cand-4:2015-cv-01590

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{51}} Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss Amended Complaint.

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1 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 2 ERIC R. WOMACK 3 Assistant Branch Director M. ANDREW ZEE (CA Bar No. 272510) 4 Attorney Civil Division, Federal Programs Branch 5 U.S. Department of Justice 6 450 Golden Gate Avenue, Room 7-5395 San Francisco, CA 94102 7 Telephone: (415) 436-6646 Facsimile: (415) 436-6632 8 E-mail: m.andrew.zee@usdoj.gov 9 Attorneys for Defendants 10 11 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 CENTER FOR FOOD SAFETY et al., 16 No. 3:15-cv-01590-HSG Plaintiffs, 17 v. STIPULATION AND ORDER TO SET 18 TOM VILSACK, in his official capacity as BRIEFING SCHEDULE FOR 19 Secretary of the U.S. Department of DEFENDANTS' MOTION TO DISMISS Agriculture et al., AMENDED COMPLAINT 20 21 Defendants. 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule STIPULATION 1 2 Pursuant to Civil Local Rule 6-1(a), Plaintiffs, Center for Food Safety, Beyond 3 Pesticides, Equal Exchange, Food & Water Watch, La Montanita Co-op, Organic Seed Growers 4 and Trade Association, The Cornucopia Institute, Northeast Organic Dairy Producers Alliance, 5 PCC Natural Markets, Greensward/New Natives LLC, Frey Vineyards, Ltd., Organic Consumers 6 7 Association, Maine Organic Farmers and Gardeners Association, and Ohio Ecological Food and 8 Farm Association, and Defendants, Tom Vilsack, Secretary of the U.S. Department of 9 Agriculture; Anne Alonzo, Administrator of the Agricultural Marketing Service; and Miles 10 McEvoy, Deputy Administrator of the National Organic Program, all sued solely in their official 11 capacities, through their respective undersigned counsel, stipulate and agree as follows: 12 13 1. On April 7, 2015, Plaintiffs filed a Complaint in this Court asserting two causes of 14 action against Defendants. ECF No. 1. In response, Defendants filed a Motion to Dismiss, ECF 15 No. 16. Following briefing and a motion hearing pursuant to a stipulated briefing schedule, see 16 ECF No. 12, the Court on October 9, 2015 entered an Order Granting the Motion to Dismiss with 17 leave to file an Amended Complaint. ECF No. 49. On October 30, 2015, Plaintiffs filed their 18 19 Amended Complaint. ECF No. 50. Defendants anticipate that, in response to Plaintiffs' 20 Amended Complaint, they may file a dispositive Motion to Dismiss pursuant to Rule 12(b). 21 2. Counsel for the parties have conferred and, consistent with the Commentary to 22 Local Rule 7-2, wish to stipulate to the below briefing schedule for Defendants' anticipated 23 Motion to Dismiss: 24 25  December 10, 2015: Defendants' deadline to file Motion to Dismiss or 26 Answer to Amended Complaint. 27  January 21, 2016: Plaintiffs' deadline to file Opposition to Motion. 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 1  February 4, 2016: Defendants' deadline to file Reply in Support of Motion. 1 2  February 18, 2016 or as soon as feasible thereafter: Hearing on Motion at a 3 time convenient to the Court. 4 3. The reasons for the requested additional time for the parties' briefing are the need 5 to address thoroughly those issues presented by Plaintiffs' Amended Complaint in any motion 6 7 briefing, as well as existing commitments in the schedules of counsel for Plaintiffs and 8 Defendants. 9 4. Pursuant to Local Rule 6-2(a), undersigned counsel for Defendants has filed a 10 declaration in support of this stipulation. 11 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the 12 13 parties, subject to the Court's approval, that the above briefing schedule shall govern any Motion 14 to Dismiss filed by Defendants in response to the Amended Complaint. 15 16 Dated: November 5, 2015. Respectfully submitted, 17 /s/ Sylvia Shih-Yau Wu 18 PAIGE M. TOMASELLI (State Bar No. 237737) 19 SYLVIA SHIH-YAU WU (State Bar No. 273549) 20 Center for Food Safety 303 Sacramento Street, 2nd Floor 21 San Francisco, CA 94111 Phone: (415) 826-2770 22 Fax: (415) 826-0507 Emails: ptomaselli@centerforfoodsafety.org 23 swu@centerforfoodsafety.org 24 Counsel for Plaintiffs 25 26 Dated: November 5, 2015. U.S. DEPARTMENT OF JUSTICE 27 BENJAMIN C. MIZER 28 Principal Deputy Assistant Attorney General Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 2 ERIC R. WOMACK 1 Assistant Branch Director 2 /s/ Andrew Zee 3 M. ANDREW ZEE (CA Bar No. 272510) Attorney 4 Civil Division, Federal Programs Branch 5 U.S. Department of Justice 6 Attorneys for Defendants 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 3 ATTESTATION 1 2 Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and 3 password are being used in the electronic filing of this document, and further attest that I have 4 obtained the concurrence in the filing of the document from the other signatory. 5 6 /s/ Andrew Zee M. ANDREW ZEE (CA Bar #272510) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 4 ORDER O 1 2 Upon U stipulattion of the paarties, and good cause apppearing, thee Court hereeby orders thhe 3 following g schedule for fo Defendan nts' anticipatted Motion too Dismiss inn response too the Amendded 4 Complain nt: 5  Decembeer 10, 2015: Defendants'' deadline too file Motionn to Dismiss or Answer tto 6 7 Amended d Complaint. 8  January 21, 2016: Pllaintiffs' deaadline to file Opposition to Motion. 9  y 4, 2016: Defendants' deadline February d to fi file Reply in Support of M Motion. 100  February y 18, 2016 at 2:00 p.m.:: Hearing onn Motion. 11 122 13 PURSUA ANT TO STIPULATION N, IT IS SO ORDERED D. 144 15 166 17 18 Dated: November N 9, 2015 HONN. HAYWO OOD S. GILL LIAM, JR. 199 Unitted States District Courtt Judge 200 21 222 23 244 25 266 27 28 Center forr Food Safety et e al. v. Vilsack k et al., No. 3:1 15-cv-01590-H HSG Stipulationn to Set Briefiing Schedule 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the 5th day of November, 2015, I electronically transmitted the 3 foregoing document to the Clerk of Court using the ECF System for filing. 4 5 6 /s/ Andrew Zee 7 M. ANDREW ZEE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 6