Pacific Coast Federation of Fishermen's Associations et al v. Gutierrez et al

Filing 461

STIPULATION and ORDER re: Deadline for Motion for Attorneys' Fees, signed by Judge Oliver W. Wanger on 9/17/09. (Verduzco, M)

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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 Altshuler Berzon LLP 177 Post Street, Suite 300 San Francisco, CA 94108 [e-mail] Telephone: [phone] Attorneys for Plaintiff NRDC MICHAEL R. SHERWOOD, State Bar No. 63702 GEORGE M. TORGUN, State Bar No. 222085 TRENT W. ORR, State Bar No. 77656 Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 [e-mail]; [e-mail] [e-mail] Telephone: [phone] Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PACIFIC COAST FEDERATION OF ) FISHERMEN'S ASSOCIATIONS/INSTITUTE ) FOR FISHERIES RESOURCES, et al., ) ) Plaintiffs, ) ) v. ) ) CARLOS M. GUTIERREZ, in his official ) capacity as Secretary of Commerce et al., ) ) Defendants. ) ) ) SAN LUIS & DELTA-MENDOTA WATER ) AUTHORITY, et al., ) ) Defendant-Intervenors. ) ) Case No. 1:06-CV-0245 OWW GSA PARTIES' STIPULATION AND ORDER RE: DEADLINE FOR MOTION FOR ATTORNEYS' FEES

Parties' Stipulation And Order Re: Deadline for Motion for Attorneys' Fees, Case No. 1:06-CV-0245 OWW GSA

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Whereas judgment was entered in this case "in favor of Plaintiffs and against Defendants" on September 9, 2009 (Doc. 458); and Whereas Plaintiffs assert that they are prevailing parties in this case and intend to seek reasonable attorneys' fees and costs against the Federal Defendants; 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 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; Now therefore, the 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 9, 2009 under the existing schedule. Before filing a motion for attorneys' fees, costs, and other expenses, Plaintiffs will meet and confer with Federal Defendants in a good faith attempt to settle the issue. 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.

Parties' Stipulation And Order Re: Deadline for Motion for Attorneys' Fees, Case No. 1:06-CV-0245 OWW GSA

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DATED: September 17, 2009

/s/ George Torgun MICHAEL R. SHERWOOD TRENT W. ORR GEORGE TORGUN Attorneys for Plaintiffs KATHERINE S. POOLE HAMILTON CANDEE Attorneys 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/ Bridget Kennedy McNeil (as authorized on 9/17/09) BRIDGET KENNEDY MCNEIL, 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

Pursuant to the stipulation of the parties, IT IS SO ORDERED.

DATED: September 17, 2009

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

Parties' Stipulation And Order Re: Deadline for Motion for Attorneys' Fees, Case No. 1:06-CV-0245 OWW GSA

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