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Sierra Club v. Johnson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 30, 2008

SIERRA CLUB, A NON-PROFIT ORGANIZATION, ENVIRONMENTAL LAW AND POLICY CENTER, A NON-PROFIT ORGANIZATION, PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, A NON-19 PROFIT ORGANIZATION, PHYSICIANS FOR SOCIAL RESPONSIBILITY, A NON-PROFIT 20 ORGANIZATION, AND UNITE HERE. PLAINTIFFS,
v.
STEPHEN L. JOHNSON, IN HIS INDIVIDUAL CAPACITY AS ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, DEFENDANT.

The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge Northern District of California

STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS

Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5.

The parties agree to participate in the following ADR process:

Court Processes:

˝ Non-binding Arbitration (ADR L.R. 4)

˝ Early Neutral Evaluation (ENE) (ADR L.R. 5)

˝ Mediation (ADR L.R. 6)

Private Process:

˛ Private ADR (ADR L.R. 4)

The parties are currently negotiating a mediation agreement and have not yet selected a private mediator.

The parties agree to hold the ADR session by:

˛ the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered.)

˝ other requested deadline ________________.

Date: January 29, 2008

RONALD J. TENPAS 16 Assistant Attorney General Environment and Natural Resources Division

LESLIE M. HILL (D.C. Bar No. 476008) U.S. Department of Justice Environment & Natural Resources Division Environmental Defense Section 601 D. Street N.W., Suite 8000 Washington D.C. 20004 Leslie.Hill@usdoj.gov Telephone (202) 514-0375 Facsimile (202) 514-8865 Attorneys for Defendant

Dated: January 29, 2008

Thomas Neltner 1701 Tilton Dr. Silver Spring, MD 20902 Albert Ettinger Environmental Law and Policy Center 35 E. Wacker Suite 1300 Chicago, Illinois 60601

James R. Wheaton Lynne R. Saxton Environmental Law Foundation 1736 Franklin Street, 9th Floor Oakland, CA 94612 Attorneys for Plaintiffs

[PROPOSED] ORDER

Pursuant to the Stipulation above, the captioned matter is hereby referred to:

˝ Non-binding Arbitration

˝ Early Neutral Evaluation (ENE)

˝ Mediation

˛ Private ADR

Deadline for ADR session

˝ x 90 days from the date of this order

˝ other ___________________

PURSUANT TO STIPULATION, IT IS SO ORDERED:

20080130

© 1992-2008 VersusLaw Inc.



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