San Luis & Delta-Mendota Water Authority et al v. Salazar et al

Filing 1149

SECOND STIPULATION and ORDER Regarding Motion for Attorney's Fees and Other Expenses, signed by District Judge Lawrence J. O'Neill on 6/5/2015. (Kusamura, W)

DANIEL J. O’HANLON, State Bar No. 122380
1 HANSPETER WALTER, State Bar No. 244847
REBECCA R. AKROYD, State Bar No. 267305
2 ELIZABETH L. LEEPER, State Bar No. 280451
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
3 400 Capitol Mall, 27th Floor
Sacramento, California 95814
4 Telephone: [phone]
Facsimile: [phone]
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EILEEN M. DIEPENBROCK, State Bar No. 119254
6 DAVID A. DIEPENBROCK, State Bar No. 215679
JONATHAN R. MARZ, State Bar No. 221188
7 DIEPENBROCK ELKIN, LLP
500 Capitol Mall, Suite 2200
8 Sacramento, California 95814
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Plaintiff, SAN LUIS & DELTAMENDOTA WATER AUTHORITY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 THE DELTA SMELT CASES
16 SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY, et al. v. SALAZAR, et al.
17 (Case No. 1:09-cv-407)
18 STATE WATER CONTRACTORS v.
SALAZAR, et al. (Case No. 1:09-cv-422)
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COALITION FOR A SUSTAINABLE
20 DELTA, et al. v. UNITED STATES FISH
AND WILDLIFE SERVICE, et al. (Case No.
21 1:09-cv-480)
22 METROPOLITAN WATER DISTRICT v.
UNITED STATES FISH & WILDLIFE
23 SERVICE, et al. (Case No. 1:09-cv-631)

Case No. 1:09-cv-407-LJO-BAM
1:09-cv-422-LJO-DLB
1:09-cv-631-LJO-DLB
1:09-cv-892-LJO-DLB
Partially Consolidated With:
1:09-cv-480-LJO-GSA
1:09-cv-1201-LJO-DLB
SECOND STIPULATION AND ORDER
REGARDING MOTION FOR
ATTORNEYS’ FEES AND OTHER
EXPENSES
Judge:

Hon. Lawrence J. O’Neill

24 STEWART & JASPER ORCHARDS, et al. v.
UNITED STATES FISH AND WILDLIFE
25 SERVICE, et al. (Case No. 1:09-cv-892)
26 FAMILY FARM ALLIANCE v. SALAZAR,
et al. (Case No. 1:09-cv-1201)
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SECOND STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES

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To facilitate settlement discussions regarding Plaintiff San Luis & Delta-Mendota Water

2 Authority’s (“Authority”) claim for attorneys’ fees and other expenses in this case, the Authority
3 and Defendants Sally Jewell, Secretary of Interior, et al. (“Federal Defendants”) stipulated to stay
4 briefing and argument on the Authority’s motion for attorneys’ fees and other expenses for 149
5 days from the date of the Court’s February 11, 2015 order granting the requested stay. Doc. 1144.
6 The Authority and Federal Defendants now jointly request that this Court extend the stay for an
7 additional 67 days, to the date of September 15, 2015. The September 15, 2015 date coincides
8 with the stipulated stay period for the Authority’s pending motion for attorneys’ fees in the
9 Consolidated Salmon Cases, Case 1:09-cv-1053-LJO-BAM. The requested extended stay will
10 therefore facilitate concurrent consideration of the Authority’s pending motions for attorneys’ fees
11 in both cases. In support of this request, the Authority and Federal Defendants stipulate as
12 follows:
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1.

The Authority has filed a motion for an award of attorneys’ fees and other expenses

14 for this litigation. Discussions regarding the Authority’s pending motion are ongoing, and the
15 Authority and Federal Defendants seek additional time to attempt to settle the Authority’s claims
16 without unnecessarily burdening the Court. The Authority and Federal Defendants agree that
17 briefing and argument on the Authority’s claim for fees and other expenses may be unnecessary in
18 light of the parties’ intent to attempt to settle the Authority’s claim.
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2.

On February 11, 2015, the Court approved the parties’ stipulation regarding the

20 motion for attorneys’ fees and other expenses, under which the parties agreed to stay briefing and
21 argument on the Authority’s motion for attorneys’ fees for 149 days from the date of the Court’s
22 order granting the requested stay. Doc. 1144. The stipulated stay period is scheduled to expire on
23 July 10, 2015.
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3.

To allow for further settlement discussions, the Authority and Federal Defendants

25 agree that further proceedings on the Authority’s motion for an award of fees and other expenses,
26 including the filing of further memoranda and evidentiary and other materials supporting that
27 motion, and any opposition thereafter, should be stayed for an additional 67 days, to the date of
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1260706.1 10355-024

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SECOND STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES

1 September 15, 2015.
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4.

At the conclusion of the stipulated stay period, the Authority and Federal

3 Defendants will apprise the Court of any settlement or further requested action, or jointly propose
4 a briefing schedule to address the Authority’s motion for fees and other expenses if there has been
5 no settlement. That schedule will provide for the Authority to supplement its motion for award of
6 attorneys’ fees and other expenses with documentation of all time and expenses sought, including
7 the additional time spent in seeking fees, opposition by the Federal Defendants, and reply by the
8 Authority, with a hearing if the Court deems a hearing necessary.
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Based on the joint stipulation set forth above, the parties respectfully request that this

10 Court extend the stay of briefing and argument on the Authority’s motion for attorneys’ fees and
11 other expenses for an additional 67 days, to the date of September 15, 2015, in the manner
12 provided above.
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Respectfully submitted this 5th day of June, 2015.

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Dated: June 5, 2015

DIEPENBROCK ELKIN, LLP
A Professional Corporation

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By:

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/s/ Eileen M. Diepenbrock
Eileen M. Diepenbrock
Attorneys for Plaintiff, SAN LUIS & DELTAMENDOTA WATER AUTHORITY

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22 Dated: June 5, 2015

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation

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By:

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/s/ Daniel J. O’Hanlon
Daniel J. O’Hanlon
Attorneys for Plaintiff, SAN LUIS & DELTAMENDOTA WATER AUTHORITY

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1260706.1 10355-024

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SECOND STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES

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Dated: June 5, 2015

U.S. DEPARTMENT OF JUSTICE
Environmental & Natural Resources Division

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By:

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/s/ William Shapiro
William Shapiro, Trial Attorney
Attorneys for FEDERAL DEFENDANTS

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8 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

June 5, 2015

UNITED STATES DISTRICT JUDGE

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1260706.1 10355-024

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SECOND STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES