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

Filing 1164

Fourth Stipulation and ORDER Regarding Motion for Attorneys' Fees and Other Expenses, signed by District Judge Lawrence J. O'Neill on 12/15/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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5 THE DELTA SMELT CASES

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

6 SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY, et al. v. SALAZAR, et al.
7 (Case No. 1:09-cv-407)

Partially Consolidated With:
1:09-cv-480-LJO-GSA
1:09-cv-1201-LJO-DLB

8 STATE WATER CONTRACTORS v.
SALAZAR, et al. (Case No. 1:09-cv-422)
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COALITION FOR A SUSTAINABLE
10 DELTA, et al. v. UNITED STATES FISH
AND WILDLIFE SERVICE, et al. (Case No.
11 1:09-cv-480)

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

12 METROPOLITAN WATER DISTRICT v.
UNITED STATES FISH & WILDLIFE
13 SERVICE, et al. (Case No. 1:09-cv-631)

The Hon. Lawrence J. O’Neill

14 STEWART & JASPER ORCHARDS, et al. v.
UNITED STATES FISH AND WILDLIFE
15 SERVICE, et al. (Case No. 1:09-cv-892)
16 FAMILY FARM ALLIANCE v. SALAZAR,
et al. (Case No. 1:09-cv-1201)
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To facilitate settlement discussions regarding Plaintiff San Luis & Delta-Mendota Water
Authority’s (“Authority”) claim for attorneys’ fees and other expenses in this case, the Authority
and Defendants Sally Jewell, Secretary of the Department of the Interior, et al. (“Federal
Defendants”) have previously stipulated to, and the Court has ordered, a stay on briefing and
argument of the Authority’s motion for attorneys’ fees and other expenses. Doc. 1144, Doc. 1149,
Doc. 1152. These parties have reached a recommended agreement in principle to settle the
Authority’s fees claim, subject to review within the Department of Justice and the Department of
the Interior. To allow additional time for the review of the proposed settlement, the Authority and
Federal Defendants jointly request that this Court extend the stay on Authority’s motion for
attorneys’ fees and other expenses for an additional 45 days, to January 29, 2016. The parties are
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FOURTH STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES

1 requesting the same extension of a stay on the Authority’s pending motion for attorneys’ fees in
2 the Consolidated Salmon Cases, Case 1:09-cv-1053-LJO-BAM, which these parties have likewise
3 settled in principle.
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In support of this request, the Authority and Federal Defendants stipulate as follows:

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1.

On February 10, 2015, the Authority filed a motion for an award of attorneys’ fees

6 and other expenses for this litigation. Doc. 1137.
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2.

On February 11, 2015, the Court approved the parties’ stipulation to stay further

8 briefing and argument on the Authority’s motion for attorneys’ fees and other expenses until July
9 10, 2015, to allow for settlement discussions. Doc. 1144.
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3.

On June 5, 2015, the Court approved the parties’ stipulation regarding the motion

11 for attorneys’ fees and other expenses, under which the parties agreed to stay briefing and
12 argument on the Authority’s motion for attorneys’ fees until September 15, 2015. Doc. 1149.
13 That order directed the parties to apprise the Court of any settlement or further requested action, or
14 jointly propose a briefing schedule to address the Authority’s motion for fees and other expenses if
15 there was no settlement, by the expiration of the stay.
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4.

On September 14, 2015, the Court approved the parties’ stipulation regarding the

17 motion for attorneys’ fees and other expenses, under which the parties agreed to stay briefing and
18 argument on the Authority’s motion for attorneys’ fees until December 15, 2015. Doc. 1152.
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5.

The Authority and Federal Defendants have reached a recommended agreement in

20 principle to settle the Authority’s claim for fees and expenses. Before any settlement can be
21 concluded however, the proposed settlement terms must be reviewed and approved within the
22 Department of Justice and the Department of the Interior. If the recommended agreement is
23 eventually adopted, the Authority and Federal Defendants agree that further briefing and argument
24 on the Authority’s claim for fees and other expenses, and a decision by the Court, will be
25 unnecessary. A stay will therefore conserve the parties’ and the Court’s resources.
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6.

Based on the joint stipulation set forth above, the parties respectfully request that

27 this Court extend the stay of briefing and argument on the Authority’s motion for attorneys’ fees
28 and other expenses until January 29, 2016. By that date, the parties will either report that
1410625.1 10355-024

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

1 settlement has been completed and the Authority is withdrawing its motion for fees and expenses,
2 or request other action by the Court in the absence of a completed settlement.
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Respectfully submitted this 14th day of December, 2015.

4 Dated: December 14, 2015
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DIEPENBROCK ELKIN GLEASON, LLP
A Professional Corporation
By:

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

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Dated: December 14, 2015

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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
By:

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Dated: December 14, 2015

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

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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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19 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

December 15, 2015

UNITED STATES DISTRICT JUDGE

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1410625.1 10355-024

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