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Integrity Project v. United States Environmental

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


June 27, 2011

INTEGRITY PROJECT,
THE SIERRA CLUB AND ENVIRONMENTAL
PLAINTIFFS,
v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, DEFENDANT.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

BRIEFING SCHEDULE AND STIPULATION ON MEDIATION AND [PROPOSED] ORDER STIPULATION ON MEDIATION AND BRIEFING BAHR LAW OFFICES,P.C.SCHEDULE 1035 1/2 Monroe Street 11-846 MEJ Eugene, OR 97402 (541) 556-6439 WHEREAS, this action, alleging violations of the Freedom of Information Act ("FOIA"), U.S.C. § 552, et seq., was filed on February 23, 2011; and to defendant relating to the operations of coal-fired power plants owned by the Luminant corporation; and Court has established a schedule for dispositive briefing in this case. Dkt. # 16; and guidance for settlement discussions; and sues in dispute before undertaking any further filings in this lawsuit; and WHEREAS, the parties are mutually desirous of having the action stayed so that those effortsWHEREAS, the information request upon which this suit is based, sought information submittedWHEREAS, as proposed by the Joint Case Management Conference Statement, dkt. # 15, the WHEREAS, at the parties' request, the Court has appointed mediator Daniel Bowling, to provide WHEREAS, the parties have initiated a mediation process to informally resolve or narrow the is- can continue;that on or before July 6, 2011, defendant EPA shall release to plaintiffs all documents responsive to their FOIA request for which the Luminant corporation has withdrawn claims that they are exempt from dis-19 closure as confidential business information ("CBI") under FOIA's Exemption Four, 5 U.S.C. §552(b)(4) and for which the Agency has completed its review; and to plaintiffs all documents responsive to their FOIA request for which the Luminant corporation has 24 withdrawn claims that they are exempt from disclosure as CBI, in a phased process as expeditiously as 25 possible as the Agency completes its review, and that the parties anticipate the rate of release will 26 approximate 1,600 pages every four weeks until the process is completed; and NOW THEREFORE, the parties, through their respective counsel, do hereby stipulate and agree IT IS FURTHER STIPULATED AND AGREED, that defendant EPA shall continue to release IT IS FURTHER STIPULATED AND AGREED, that the parties will provide the Court with a STIPULATION ON MEDIATION AND BRIEFING BAHR LAW OFFICES,HEDULE SC 1035 1/2 Monroe Street 11-846 MEJ Eugene, OR 97402 (541) 556-6439 P.C.report addressing the status of their mediation efforts no later than October 1, 2011; and IT IS FURTHER STIPULATED AND AGREED, that the Court may make and enter an order staying this case until the parties report to the Court on the status of their mediation efforts.

SO STIPULATED, this 24th day of June, 2011.

MELINDA HAAG United States Attorney David Bahr Abraham Simmons Davidzahr (Oregon Bar No. 901990) ABRAHAM SIMMONS Bahr Law Offices, P.C. Assistant United States Attorney 1035 1/2 Monroe Street Attorneys for Federal Defendant Eugene, OR 97402 (541) 556-6439 davebahr@mindspring.com It is so Ordered. The briefing schedule in this matter is vacated.

IT IS FURTHER ORDERED, on or before July 6, 2011, defendant EPA shall release to plaintiffs all documents responsive to their FOIA request for which the Luminant corporation has 20 withdrawn claims that they are exempt from disclosure as confidential business information ("CBI") 21 under FOIA's Exemption Four, 5 U.S.C. §552(b)(4) and for which the Agency has completed its review; IT IS FURTHER ORDERED, that defendant EPA shall continue to release to plaintiffs all documents responsive to their FOIA request for which the Luminant corporation has withdrawn claims that 24 they are exempt from disclosure as CBI, in a phased process as expeditiously as possible as the Agency 25 26 completes its review, with the understanding that the approximate rate of release will average 1,600 pages every four weeks until the process is completed; IT IS FURTHER ORDERED, that the parties will provide the Court with a report addressing the status of their mediation efforts no later than October 1, 2011; and

20110627

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