Natural Resources Defense Council et al v. Norton et al

Filing 905

PARTIES' SECOND STIPULATION AND ORDER RE: 903 MOTION FOR ATTORNEYS' FEES, signed by Judge Oliver W. Wanger on 7/30/2010. (Briefing and argument on Plaintiffs motion for an award of attorneys fees and costs is ordered stayed until 10/28/2010.) (Gaumnitz, R)

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KATHERINE POOLE, State Bar No. 195010 MICHAEL E. WALL, State Bar No. 170238 Natural Resources Defense Council 111 Sutter St., 20th Floor San Francisco, CA 94104 [e-mail]; [e-mail] Telephone: [phone] HAMILTON CANDEE, State Bar No. 111376 CASEY ROBERTS, State Bar No. 253474 Altshuler Berzon LLP 177 Post Street, Suite 300 San Francisco, CA 94108 [e-mail]; [e-mail] Telephone: [phone] Attorneys for Plaintiff NRDC TRENT W. ORR, State Bar No. 77656 MICHAEL R. SHERWOOD, State Bar No. 63702 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 [e-mail]; [e-mail] Telephone: [phone] Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA NATURAL RESOURCES DEFENSE COUNCIL, et al., ) ) ) Plaintiffs, ) ) v. ) ) KENNETH LEE SALAZAR, in his official ) capacity as Secretary of Interior, et al., ) ) Defendants. ) _______________________________________ ) ) SAN LUIS & DELTA-MENDOTA WATER ) AUTHORITY, et al., ) ) Defendant-Intervenors. ) ) ANDERSON-COTTONWOOD IRRIGATION ) DISTRICT, et al., ) ) Joined Parties. ) Case No. 05-CV-01207 OWW GSA PARTIES' SECOND STIPULATION AND ORDER RE: MOTION FOR ATTORNEYS' FEES

Parties' Second Stip. and Order Re: Mot. for Attorneys' Fees, Case No. 05-CV-01207 OWW GSA

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To facilitate settlement discussions regarding Plaintiffs' claim for attorneys' fees and costs in this case, Plaintiffs Natural Resources Defense Council, et al. ("Plaintiffs") and Defendants Kenneth Lee Salazar, Secretary of Interior, et al. ("Federal Defendants") jointly move this Court to stay briefing on Plaintiffs' motion for an award of attorneys' fees and costs for 90 days. In support of this motion, Plaintiffs and Federal Defendants stipulate as follows: 1. Judgment was entered in this case on September 23, 2009. Doc. 873. On October 8,

2009, the Court entered an order extending the deadline for Plaintiffs to file a motion for attorneys' fees, costs and other expenses to December 22, 2009, assuming no appeal. Doc. 875. Subsequently, several parties timely appealed, including Plaintiffs and Federal Defendants, suspending the timeline for filing a motion for fees, costs and other expenses. Doc. 881; Doc. 883. 2. Concurrently with this joint motion and stipulation, Plaintiffs have filed a motion for

an award of attorneys' fees and costs for their work on this litigation. Before filing their motion for award of attorneys' fees and costs, Plaintiffs presented Federal Defendants with a confidential request to settle their claim, which request includes the amount sought to date, an itemized statement of the actual time expended by attorneys, experts, and other personnel representing or appearing on behalf of the Plaintiffs, and the rates at which fees and other expenses were computed. Federal Defendants are, thus, in receipt of the information specified by EAJA, 28 U.S.C. § 2412(d)(1)(B), as well as Local Rule 293, and will not be prejudiced by Plaintiffs deferring the filing of memoranda, evidentiary and other materials supporting their motion at this time. 3. Discussions regarding Plaintiffs' request are ongoing, and Plaintiffs and Federal

Defendants seek additional time to attempt to settle Plaintiffs' claims without unnecessarily burdening the Court. Plaintiffs and Federal Defendants agree that briefing and argument on Plaintiffs' claim for fees and costs may be unnecessary in light of the parties' intent to attempt to settle Plaintiffs' claim. 4. Accordingly, Plaintiffs and Federal Defendants agree that further proceedings on

Plaintiffs' motion for an award of fees and costs, including the filing of memoranda and evidentiary and other materials supporting that motion, should be stayed for 90 days. At that time, Plaintiffs and Federal Defendants will either jointly propose a briefing schedule to address Plaintiffs' motion for
Parties' Second Stip. and Order Re: Mot. for Attorneys' Fees, Case No. 05-CV-01207 OWW GSA 1

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fees and costs, or the parties shall otherwise apprise this Court of the status of Plaintiffs' motion and any request for action by this Court. If the parties are unable to reach a settlement of Plaintiffs' claim, Plaintiffs will supplement their motion for award of attorneys' fees and costs with documentation of all time and expenses sought, including the additional time spent in seeking fees. Based on the joint stipulation set forth above, the parties respectfully request that this Court stay briefing and argument on Plaintiffs' concurrently filed motion for an award of attorneys' fees and costs for 90 days from the date of the Court's order granting such stay, in the manner provided above. Respectfully submitted this 29th day of July, 2010.

DATED: July 29, 2010

/s/ Trent W. Orr TRENT W. ORR Attorney for Plaintiffs /s/ Katherine S. Poole_______ KATHERINE S. POOLE Attorney for Plaintiff Natural Resources Defense Council JOHN CRUDEN Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief United States Department of Justice Environment and Natural Resources Division /s/ Bradley Oliphant (as authorized 7/29/10) BRADLEY OLIPHANT, Trial Attorney United States Department of Justice Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] Facsimile: [phone] WILLIAM SHAPIRO, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division 501 I Street, Suite 9-700 Sacramento, CA 95814-2322 Attorneys for Federal Defendants

Parties' Second Stip. and Order Re: Mot. for Attorneys' Fees, Case No. 05-CV-01207 OWW GSA

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Parties' Second Stip. and Order Re: Mot. for Attorneys' Fees, Case No. 05-CV-01207 OWW GSA 3
DEAC_Signature-END:

IT IS SO ORDERED. Dated:

July 30, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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