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ELLIS v. BRADBURY

No. C-13-1266 MMC.

STEVE ELLIS, et al., Plaintiffs, v. STEVE P. BRADBURY, et al., Defendants, BAYER CROPSCIENCE LP, et al., Defendants-Intervenors.

United States District Court, N.D. California.

April 18, 2014.

Attorney(s) appearing for the Case

Steve Ellis, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Tom Theobald, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Jim Doan, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Bill Rhodes, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Center for Food Safety, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Beyond Pesticides, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Sierra Club, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Pesticide Action Network North America, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Center for Environmental Health, Plaintiff, represented by George Andreas Kimbrell , Center For Food Safety, Paige Michele Tomaselli , Center for Food Safety, Peter T Jenkins & Sylvia Shih-Yau Wu , Center for Food Safety.

Steven P. Bradbury, Defendant, represented by Leslie M. Hill , Department of Justice & John Howard Martin, III , U.S. Department of Justice.

Bob Perciasepe, Acting Administrator and Deputy Administrator, United States Environmental Protection Agency, Defendant, represented by Leslie M. Hill , Department of Justice & John Howard Martin, III , U.S. Department of Justice.

Bayer CropScience LP, Intervenor Dft, represented by Gary John Smith , Beveridge & Diamond P.C., Anthony L Michaels , Beveridge and Diamond PC, Janine Laura Scancarelli , Crowell & Moring LLP, Kathryn E Szmuszkovicz , Beveridge and Diamond PC, Kirsten Louise Nathanson , Crowell and Moring LLP, Patrick R Jacobi , Beveridge and Diamond PC & Sean M Roberts , Beveridge and Diamond PC.

Syngenta Crop Protection, LLC, Intervenor Dft, represented by Gary John Smith , Beveridge & Diamond P.C., Anthony L Michaels , Beveridge and Diamond PC, Janine Laura Scancarelli , Crowell & Moring LLP, Kathryn E Szmuszkovicz , Beveridge and Diamond PC, Kirsten Louise Nathanson , Crowell and Moring LLP, Patrick R Jacobi , Beveridge and Diamond PC & Sean M Roberts , Beveridge and Diamond PC.

Valent U.S.A. Corporation, Intervenor Dft, represented by Gary John Smith , Beveridge & Diamond P.C., Anthony L Michaels , Beveridge and Diamond PC, Janine Laura Scancarelli , Crowell & Moring LLP, Kathryn E Szmuszkovicz , Beveridge and Diamond PC, Kirsten Louise Nathanson , Crowell and Moring LLP, Patrick R Jacobi , Beveridge and Diamond PC & Sean M Roberts , Beveridge and Diamond PC.

CropLife America, Intervenor Dft, represented by Claudia M. O'Brien , Latham Watkins LLP, Stacey L. VanBelleghem , Latham Watkins LLP & William K. Rawson , Latham & Watkins LLP.

ORDER GRANTING IN PART AND DENYING IN PART EPA'S MOTION TO DISMISS; GRANTING IN PART AND DENYING IN PART INTERVENORS' MOTION TO DISMISS AND FOR JUDGMENT ON THE PLEADINGS; AFFORDING PLAINTIFFS LEAVE TO and AMEND

MAXINE M. CHESNEY, District Judge.

Before the Court are two motions: (1) the Motion to Dismiss, filed July 31, 2013 by defendants Steven P. Bradbury, in his official capacity as Director of the Office of Pesticide Programs in the United States Environmental...

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