Natural Resources Defense Council et al v. Norton et al

Filing 875

Plaintiffs' And Federal Defendants' STIPULATION And ORDER Extending Deadline For Motion For Attorneys; Fees, signed by Judge Oliver W. Wanger on 10/7/2009. (Scrivner, E)

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MICHAEL E. WALL, State Bar No. 170238 KATHERINE POOLE, State Bar No. 195010 Natural Resources Defense Council 111 Sutter St., 20th Floor San Francisco, CA 94104 [e-mail]; [e-mail] Telephone: [phone] TRENT W. ORR, State Bar No. 77656 GEORGE M. TORGUN, State Bar No. 222085 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 [e-mail]; [e-mail] [e-mail] Telephone: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA NATURAL RESOURCES DEFENSE COUNCIL, et al., Plaintiffs, vs. DIRK KEMPTHORNE, Secretary, U.S. Department of the Interior, et al., Defendants. SAN LUIS & DELTA MENDOTA WATER AUTHORITY; et al., Defendant-Intervenors. ANDERSON-COTTONWOOD IRRIGATION DISTRICT; et al., Joined Parties. Case No. 1:05-cv-01207 OWW-GSA PLAINTIFFS' AND FEDERAL DEFENDANTS' STIPULATION AND ORDER EXTENDING DEADLINE FOR MOTION FOR ATTORNEYS' FEES

WHEREAS judgment was entered in this case on September 23, 2009 (Dkt. 873); and WHEREAS judgment was entered for Plaintiffs on their first claim for relief; and WHEREAS Plaintiffs intend to seek reasonable attorneys' fees and costs as the prevailing parties in this case; and WHEREAS Civil Local Rule 54-292 provides that a bill of costs must be filed by the prevailing party within ten days after entry of judgment; and
STIP. & ORDER EXTENDING TIME FOR ATTORNEY FEE APPLICATION -1-

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WHEREAS Civil Local Rule 54-293 provides that motions for attorneys' fees must be filed not later than 30 days after entry of final judgment; and WHEREAS Federal Rule of Civil Procedure 54(d)(2)(B) provides that, unless otherwise provided by statute or order of the Court, a motion for attorneys' fees must be filed and served no later than 14 days after entry of judgment; and WHEREAS the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, is one of the statutes under which Plaintiffs may seek attorneys fees and costs; and WHEREAS EAJA provides that "a party seeking an award of fees and other expenses' may apply for them "within 30 days of final judgment in the action," and EAJA defines "final judgment" as "a judgment that is final and not appealable;" and WHEREAS the judgment in this case becomes unappealable 60 days after its entry; and WHEREAS Plaintiffs have not previously sought an extension of time in this matter; THEREFORE, Plaintiffs and Federal Defendants stipulate and agree, and request that the Court enter an order, extending the deadline for Plaintiffs to file a motion for attorneys' fees, costs, and other expenses under Civil Local Rules 54-292 and 54-293 and Federal Rule of Civil Procedure 54(d)(2)(B) to be the same deadline as that for filing a motion under EAJA, which would fall on December 22, 2009 under the existing schedule, assuming no appeal. By entering into this stipulation, Federal Defendants do not waive any defenses as to whether Plaintiffs are entitled to any attorneys' fees, costs, or other expenses. DATED: October 7, 2009 /s/ Trent W. Orr (authorized 10/7/09) TRENT W. ORR, State Bar No. 77656 GEORGE M. TORGUN, State Bar No. 222085 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 [e-mail]; [e-mail] [e-mail] Telephone: [phone] (authorized 10/7/09) Attorneys for Plaintiffs

STIP. & ORDER EXTENDING TIME FOR ATTORNEY FEE APPLICATION

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DATED: October 7, 2009

/s/ Michael E. Wall MICHAEL E. WALL, State Bar No. 170238 KATHERINE POOLE, State Bar No. 195010 Natural Resources Defense Council 111 Sutter St., 20th Floor San Francisco, CA 94104 [e-mail]; [e-mail] Telephone: [phone] Attorneys for Plaintiff Natural Resources Defense Council, Inc.

JOHN C. CRUDEN, Acting Assistant Attorney General United States Department of Justice Environment & Natural Resources Division K. JACK HAUGRUD, Chief WILLIAM J. SHAPIRO, Trial Attorney Natural Resources Section JEAN E. WILLIAMS, Section Chief DATED: October 7, 2009 /s/ James A. Maysonett (authorized 10/7/09) JAMES A. MAYSONETT ETHAN CARSON EDDY Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] / Facsimile: [phone] Attorneys for Federal Defendants

Pursuant to the stipulation of Plaintiffs and Federal Defendants, IT IS SO ORDERED.

DATED: October 7, 2009

/s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge

STIP. & ORDER EXTENDING TIME FOR ATTORNEY FEE APPLICATION

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CERTIFICATE OF SERVICE I hereby certify that on October 7, 2009, I electronically filed the documents listed below with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel of record. · PLAINTIFFS' AND DEFENDANTS' STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR MOTION FOR ATTORNEYS' FEES /s Michael E. Wall________ MICHAEL E. WALL (Cal. Bar No. 170238) NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 20th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

STIP. & ORDER EXTENDING TIME FOR ATTORNEY FEE APPLICATION

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