Sequoia ForestKeeper vs. U.S. Forest Service, et al.

Filing 98

STIPULATION and ORDER TO EXTEND DEADLINE TO FILE MOTION REGARDING FEES signed by District Judge Lawrence J. O'Neill on April 12, 2011. (Lira, I)

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. LONG (SB# 244147)
NATHAN T. MOORE (SB# 268391)
PAUL, HASTINGS, JANOFSKY & WALKER LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105-3441
Telephone: [phone]
Facsimile: [phone]

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RENÉ VOSS (SB# 255758)
15 Alderney Road
San Anselmo, CA 94960-1601
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
SEQUOIA FORESTKEEPER
BENJAMIN B. WAGNER
United States Attorney
J. EARLENE GORDON
Assistant United States Attorneys
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the Federal Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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SEQUOIA FORESTKEEPER, a non-profit
organization,
Plaintiff,

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CASE NO. 1:09-CV-00392-LJO-JLT
STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
MOTION REGARDING FEES

vs.
UNITED STATES FOREST SERVICE,
TOM TIDWELL, in his official capacity as
Chief of the United States Forest Service, and
TINA TERRELL, in her official capacity as
Forest Supervisor for Sequoia National Forest,

Judge:

Honorable Lawrence J. O’Neill

Complaint Filed: March 2, 2009

Defendants.

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Case No. C 09-00392 LJO

STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINE TO FILE MOTION
REGARDING FEES

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WHEREAS the Court entered an amended judgment on March 16, 2011;

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WHEREAS any application for attorneys’ fees pursuant to Local Rule 293(a)

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would otherwise be due not later than twenty-eight (28) days after entry of final judgment;

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WHEREAS any motion pursuant to the Equal Access to Justice Act (“EAJA”), 28

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U.S.C. § 2412, is due “within 30 days of final judgment in the action,” and defines “final

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judgment” as “a judgment that is final and not appealable,” 28 U.S.C. § 2412(d)(2)(G);

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WHEREAS the judgment in this case becomes unappealable 60 days from the
time of its entry;

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WHEREAS Plaintiff Sequoia ForestKeeper and the Federal Defendants have not

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yet had an opportunity to meet and confer with respect to this Court’s order and amended

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judgment or with respect to attorneys’ fees and expenses relating to the litigation;

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WHEREAS Federal Defendants have not yet determined whether they will appeal
the final judgment in this case;

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WHEREAS Plaintiff seeks to clarify the timing for filing an EAJA motion for fees
and expenses pursuant to Local Rule 293(a);

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WHEREAS Plaintiff and the Federal Defendants agree to extend the deadline for

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an application for attorneys’ fees under the Local Rule to coincide with the deadline under the

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EAJA;

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NOW THEREFORE the parties, by and through their undersigned counsel, hereby

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stipulate and agree that the deadline for Plaintiff to file a motion for attorneys’ fees and expenses

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under Local Rule 293(a) is hereby extended to be the same as the deadline for filing an

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application for fees under EAJA. By entering into this stipulation, Federal Defendants do not

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waive any defenses as to whether Plaintiff is entitled to fees or costs.

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DATED: April 12, 2011

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PAUL, HASTINGS, JANOFSKY & WALKER LLP
By:

/s/ Eric A. Long
ERIC A. LONG

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Attorneys for Plaintiff
SEQUOIA FORESTKEEPER

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-1Case No. C 09-00392 LJO

STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINE TO FILE MOTION
REGARDING FEES

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DATED: April 12, 2011

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By:
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/s/ J. Earlene Gordon (as authorized on 4/12/11)
J. EARLENE GORDON

Attorneys for the Federal Defendants

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ORDER
The Court has considered the above Stipulation, and good cause appearing

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therefore, the Court hereby ORDERS as follows: the deadline for Plaintiff to file a motion for

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attorneys’ fees and expenses under Local Rule 293(a) is hereby extended to be the same as the

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deadline for filing an application for fees under EAJA. Plaintiff shall file any application or

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motion for attorneys’ fees no later than no later than thirty days after this Court’s amended

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judgment becomes non-appealable.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 12, 2011____

_/s/ Lawrence J. O’Neill___
Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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LEGAL_US_W # 67665425.1

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-2Case No. C 09-00392 LJO

STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINE TO FILE MOTION
REGARDING FEES