8/30/2011 SEWER COMMISSION Minutes

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Case 1:10-cv-11455-MLW Document 1.1 Filed 08/25/11 Page 4 of 6 shall be due forty-five(45)days after the Plaintiffs'motion is filed, and Plaintiffs' reply papers shall be due thirty (30) days thereafter. D. If the Defendants file an Answer rather than filing a Motion to dismiss or other dispositive motion,the parties agree to brief the case as follows: 1. Cross-Motions for Summary Judgment shall be due forty-five(45) days after the Answer is filed; 2. Opposition Papers shall be due forty five(45) days thereafter. 4. In the event one or more of the Plaintiffs file an action that is the subject of their Notice of Intent to Sue submitted on August 24,2010 (the"new action"),the parties shall have the right to seek consolidation of that action with the.present action. So long as the new action is filed on or before September 15,2011,the parties shall continue to follow the same schedule as set forth above for the claims in the present action. Upon the filing of the new action,review of the claims set forth therein, and consolidation with this action if that occurs,the parties shall consult with any additional defendants named in the new action to determine if briefing in the new action can and should be coordinated with the briefing in the present action. Accordingly,the parties respectfully request that this Motion be granted and that the Court enter an Order setting forth the schedule outlined above. Respectfully submitted, /s/Cynthia E. Liebman Decambre(bv IGNACIA S.MORENO permission) Assistant Attorney General CYNTHIA LIEBMAN DECAMBRE Environment&Natural Resources Division BBO No. 665528 Conservation Law Foundation, Inc. /s/ Perry M.Rosen 62 Summer Street PERRY M.ROSEN Boston,Massachusetts 02110 United States Department of Justice (617) 350-0990 Environment&Natural Resources Div. cliebman@cl£org Environmental Defense Section P.O. Box 23986 4