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 {{92}} Stipulation to Set Hearing Date. Motion Hearing set for 11/9/2017 02:00 PM before Hon. Haywood S. Gilliam Jr.

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1 CHAD A. READLER Acting 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 OAKLAND DIVISION 14 15 CENTER FOR FOOD SAFETY et al., 16 No. 4:15-cv-01590-HSG Plaintiffs, 17 v. STIPULATION AND ORDER TO SET 18 SONNY PERDUE, in his official capacity as HEARING DATE ON CROSS-MOTIONS 19 Secretary of the U.S. Department of FOR SUMMARY JUDGMENT Agriculture et al., 20 21 Defendants. 22 23 24 25 26 27 28 Center for Food Safety et al. v. Perdue et al., No. 4:15-cv-01590-HSG Stipulation to Set Hearing Date STIPULATION 1 2 Pursuant to the Court's Order of July 11, 2017 [ECF No. 91], Plaintiffs, Center for Food 3 Safety, Beyond Pesticides, Equal Exchange, Food & Water Watch, La Montanita Co-op, Organic 4 Seed Growers and Trade Association, The Cornucopia Institute, Northeast Organic Dairy 5 Producers Alliance, PCC Natural Markets, Greensward/New Natives LLC, Frey Vineyards, Ltd., 6 7 Organic Consumers Association, Maine Organic Farmers and Gardeners Association, and Ohio 8 Ecological Food and Farm Association, and Defendants, Sonny Perdue, Secretary of the U.S. 9 Department of Agriculture; Bruce Summers, Acting Administrator of the Agricultural Marketing 10 Service; and Miles McEvoy, Deputy Administrator of the National Organic Program, all sued 11 solely in their official capacities, through their respective undersigned counsel, stipulate and 12 13 agree as follows: 14 1. On July 11, 2017, counsel for the parties conferred regarding a hearing date for 15 the parties' planned cross-motions for summary judgment. The parties agreed to, and 16 respectfully propose, a hearing date of November 9, 2017, at 2:00 p.m., which is not presently 17 listed as an unavailable date on the Court's online calendar. 18 19 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the 20 parties, subject to the Court's approval, that the hearing on the parties' planned cross-motions for 21 summary judgment be held on November 9, 2017 at 2:00 p.m. 22 23 Dated: July 13, 2017. Respectfully submitted, 24 /s/ Sylvia Shih-Yau Wu 25 SYLVIA SHIH-YAU WU (State Bar No. 273549) 26 PAIGE M. TOMASELLI (State Bar No. 237737) 27 Center for Food Safety 303 Sacramento Street, 2nd Floor 28 San Francisco, CA 94111 Center for Food Safety et al. v. Perdue et al., No. 4:15-cv-01590-HSG Stipulation to Set Hearing Date 1 Phone: (415) 826-2770 1 Fax: (415) 826-0507 Emails: ptomaselli@centerforfoodsafety.org 2 swu@centerforfoodsafety.org 3 Counsel for Plaintiffs 4 5 Dated: July13, 2017. U.S. DEPARTMENT OF JUSTICE 6 CHAD A. READLER 7 Acting Assistant Attorney General 8 ERIC R. WOMACK Assistant Branch Director 9 /s/ Andrew Zee 10 M. ANDREW ZEE (CA Bar No. 272510) 11 Attorney Civil Division, Federal Programs Branch 12 U.S. Department of Justice 13 Attorneys for Defendants 14 15 16 ATTESTATION 17 Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and 18 password are being used in the electronic filing of this document, and further attest that I have 19 obtained the concurrence in the filing of the document from the other signatory. 20 21 /s/ Andrew Zee M. ANDREW ZEE (CA Bar #272510) 22 23 24 25 26 27 28 Center for Food Safety et al. v. Perdue et al., No. 4:15-cv-01590-HSG Stipulation to Set Hearing Date 2 ORDER O 1 2 Upon U stipulattion of the paarties, and good cause apppearing, thee Court hereeby sets the 3 hearing date d on the parties' p plann ned cross-mo otions for suummary judggment for Noovember 9, 22017 4 at 2:00 p.m. 5 6 7 PURSUA ANT TO STIPULATION N, IT IS SO ORDERED D. 8 9 100 11 uly 14, 2017 Dated: Ju 7 122 HONN. HAYWO OOD S. GILL LIAM, JR. 13 Unitted States District Courtt Judge 144 15 166 17 18 199 200 21 222 23 244 25 266 27 28 Center forr Food Safety et e al. v. Perduee et al., No. 4:1 15-cv-01590-H HSG Stipulationn to Set Heariing Date 3