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

Filing 778

SECOND STIPULATION And ORDER Regarding Motion For Attorneys' Fees And Other Expenses, signed by District Judge Lawrence J. O'Neill on 9/14/2015.(Case Management Deadline: 12/15/2015) (Fahrney, E)

1 COUNSEL IDENTIFICATION ON FOLLOWING PAGE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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9 CONSOLIDATED SALMON CASES

CASE NOS.

10 SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY, et al. v. GARY. F. LOCKE, et
11 al. (Case No. 1:09-cv-1053),

1:09-cv-1053-LJO-BAM
1:09-cv-1090-LJO-DLB
1:09-cv-1378-LJO-DLB
1:09-cv-1520-LJO-DLB
1:09-cv-1580-LJO-DLB
1:09-cv-1625-LJO-DLB

12 STOCKTON EAST WATER DISTRICT v.
NOAA, et al. (Case No. 1:09-cv-1090),
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STATE WATER CONTRACTORS v.
14 GARY F. LOCKE, et al.
(Case No. 1:09-cv-1378)
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KERN COUNTY WATER AGENCY, et al. v.
16 U.S. DEPARTMENT OF COMMERCE, et al.
(Case No. 1:09-cv-1520)
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OAKDALE IRRIGATION DISTRICT, et al.
18 v. U.S. DEPARTMENT OF COMMERCE, et
al. (Case No. 1:09-cv-1580),
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METROPOLITAN WATER DISTRICT OF
20 SOUTHERN CALIFORNIA v. NMFS, et al.
(Case No. 1:09-cv-1625),
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SECOND STIPULATION AND ORDER
REGARDING MOTION FOR
ATTORNEYS’ FEES AND OTHER
EXPENSES
Judge:

Hon. Lawrence J. O’Neill

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

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IDENTIFICATION OF COUNSEL

2 DANIEL J. O’HANLON (SBN 122380)
HANSPETER WALTER (SBN 244847)
3 REBECCA R. AKROYD (SBN 267305)
ELIZABETH L. LEEPER (SBN 280451)
4 KRONICK, MOSKOVITZ, TIEDEMANN
& GIRARD
5 400 Capitol Mall, 27th Floor
Sacramento, CA 95814
6 Telephone:
[phone]
Facsimile:
[phone]
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EILEEN M. DIEPENBROCK (SBN 119254)
8 DAVID A. DIEPENBROCK (SBN 215679)
JONATHAN R. MARZ (SBN 221188)
9 DIEPENBROCK ELKIN, LLP
500 Capitol Mall, Suite 2200
10 Sacramento, CA 95814
Telephone:
[phone]
11 Facsimile:
[phone]

BRADLEY H. OLIPHANT (SBN 216468)
UNITED STATES DEPARTMENT OF JUSTICE
Wildlife and Marine Resources Section
999 18th St., South Terrace, Ste. 370
Denver, CO 80211
Telephone: [phone]
Facsimile: [phone]

WILLIAM J. SHAPIRO (CO State Bar 030929)
UNITED STATES DEPARTMENT OF JUSTICE
501 I Street, Ste. 9-700
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

12 Attorneys for Plaintiff
SAN LUIS & DELTA-MENDOTA WATER
13 AUTHORITY

Attorneys for FEDERAL DEFENDANTS

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1290292.2 10355-025

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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”) have previously
4 stipulated to, and the Court has ordered, a stay on briefing and argument of the Authority’s motion
5 for attorneys’ fees and other expenses. Doc. 771. These parties have now reached a
6 recommended agreement in principle to settle the Authority’s fees claim, subject to review within
7 the Department of Justice and the Department of Interior. To allow time for the review of the
8 proposed settlement, the Authority and Federal Defendants jointly request that this Court extend
9 the stay on Authority’s motion for attorneys’ fees and other expenses for an additional 90 days, to
10 December 15, 2015. The parties are requesting the same extension of a stay on the Authority’s
11 pending motion for attorneys’ fees in the Delta Smelt Cases, Case 1:09-cv-407-LJO-BAM, which
12 these parties have likewise 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 March 19, 2015, the Authority filed a motion for an award of attorneys’ fees

15 and other expenses for this litigation. Doc. 764.
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2.

On March 19, 2015, the Court approved the parties’ stipulation to stay further

17 briefing and argument on the Authority’s motion for attorneys’ fees and other expenses until
18 September 15, 2015, to allow for settlement discussions. Doc. 771. That order directed the parties
19 to apprise the Court of any settlement or further requested action, or jointly propose a briefing
20 schedule to address the Authority’s motion for fees and other expenses if there was no settlement,
21 upon expiration of the stay.
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3.

The Authority and Federal Defendants have reached a recommended agreement in

23 principle to settle the Authority’s claim for fees and expenses. Before any settlement can be
24 concluded however, the proposed settlement terms must be reviewed and approved within the
25 Department of Justice and the Department of Interior. If the recommended agreement is
26 eventually adopted, the Authority and Federal Defendants agree that further briefing and argument
27 on the Authority’s claim for fees and other expenses, and a decision by the Court, will be
28 unnecessary. A stay will therefore conserve the parties’ and the Court’s resources.
1290292.2 10355-025

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

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4.

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

2 this Court extend the stay of briefing and argument on the Authority’s motion for attorneys’ fees
3 and other expenses until December 15, 2015. By that date, the parties will either report that
4 settlement has been completed and the Authority is withdrawing its motion for fees and expenses,
5 or request other action by the Court in the absence of a completed settlement.
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Respectfully submitted this 14th day of September, 2015.

7 Dated: September 14, 2015
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DIEPENBROCK ELKIN, 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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12 Dated: September 14, 2015
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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
By:

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Dated: September 14, 2015

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

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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Dated:

/s/ Lawrence J. O’Neill

September 14, 2015

UNITED STATES DISTRICT JUDGE

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1290292.2 10355-025

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