Free Notice (Other) - District Court of California - California

Case 3:07-cv-04936-CRB

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DENNIS J. HERRERA, State Bar #139669 City Attorney OWEN J. CLEMENTS, State Bar #141805 Chief of Special Litigation THERESA L. MUELLER, State Bar #172681 Chief Energy and Telecommunications Deputy WILLIAM K. SANDERS, State Bar #154156 Deputy City Attorney City Hall Room 234 1 Dr. Carlton B. Goodlett Place San Francisco, California 94102-4682 Telephone: (415) 554-6771 Facsimile: (415) 554-4757 E-Mail: [email protected] Attorneys for Movant/Intervenor CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SAN FRANCISCO CHAPTER OF THE A. PHILLIP RANDOLPH INSTITUTE, LYNNE BROWN, REGINA HOLLINS, on behalf of themselves and others similarly situated and the general public Plaintiffs, vs. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, STEPHEN JOHNSON, BAY AREA AIR QUALITY MANAGEMENT DISTRICT, MARK ROSS, Defendants. Case No. C-07-4936-CRB RE-NOTICE OF MOTION OF THE CITY AND COUNTY OF SAN FRANCISCO TO INTERVENE AS A DEFENDANT IN THIS PROCEEDING Hearing Date: December 14, 2007 Time: 10:00 a.m. Place: Courtroom 8, 19th Floor

TO PLAINTIFFS, DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that the motion of movant/intervenor the City and County of San Francisco (the "City") for an order, pursuant to Federal Rule of Civil Procedure 24, granting the City leave to intervene as a defendant in this proceeding, previously noticed for a hearing on before the
RE-NOTICE OF MOTION TO INTERVENE Case No. C-07-4936-CRB

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Honorable Joseph C. Spero, United States Magistrate Judge, on November 30, 2007, at 9:30 a.m., will now be heard by the Honorable Charles R. Breyer, United States District Court Judge, on December 14, 2007, at 10:00 a.m. The grounds for the City's motion to intervene as of right under Federal Rule of Civil Procedure 24(a) are that the City has an interest in the transaction that is the subject of this proceeding so that the disposition of this action may impede the City's ability to protect its interests. The grounds for the City's motion for permissive intervention under Federal Rule of Civil Procedure 24(b) are that the City's defenses in this proceeding share common questions of law or fact with those of the parties and that the City's intervention at this time will not cause any undue delay or prejudice. The motion is based upon this notice of motion, the memorandum of points and authorities filed on October 26, 2007, the declaration of Susan Leal filed on October 26, 2007, and upon such other matters as may be presented to the Court at the time of the hearing. Dated: November 2, 2007 DENNIS J. HERRERA City Attorney OWEN J. CLEMENTS Chief of Special Litigation THERESA L. MUELLER Chief Energy and Telecommunications Deputy WILLIAM K. SANDERS Deputy City Attorney

By:

/s/ WILLIAM K. SANDERS Deputy City Attorney

Attorneys for Movant/Intervenor CITY AND COUNTY OF SAN FRANCISCO

RE-NOTICE OF MOTION TO INTERVENE Case No. C-07-4936-CRB

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PROOF OF SERVICE I, KIANA V. DAVIS, declare as follows: I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen years and not a party to the within action. My business address is City Attorney's Office, City Hall, Room 234, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102; telephone (415) 554-4698. On November 2, 2007, I served the following document(s): RE-NOTICE OF MOTION OF THE CITY AND COUNTY OF SAN FRANCISCO TO INTERVENE AS A DEFENDANT IN THIS PROCEEDING on the following persons at the locations specified: Alexander Crockett Joshua Arce, Esq. Bay Area Quality Management Brightline Defense Project District Office 240 Golden Gate Ave., Suite 102 939 Ellis Street San Francisco, CA 94102 San Francisco, CA 94109 in the manner indicated below: BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be deposited, postage prepaid, with the United States Postal Service that same day.

I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed November 2, 2007, at San Francisco, California.

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RE-NOTICE OF MOTION TO INTERVENE Case No. C-07-4936-CRB

KIANA V. DAVIS

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