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

Filing 779

Plaintiff State Water Contactors' And Federal Defendants' JOINT STIPULATION And ORDER Extending Stay Regarding Motion For Attorneys' Fees And Other Expenses, signed by District Judge Lawrence J. O'Neill on 9/15/2015. (Fahrney, E)

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STEVEN M. ANDERSON, Bar No. 186700
STEVEN G. MARTIN, Bar No. 263394
BEST BEST & KRIEGER LLP
3390 University Avenue, 5th Floor
P. O. Box 1028
Riverside, CA 92502
Telephone: [phone]
Facsimile: [phone]

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BRADLEY H. OLIPHANT (SBN 216468)
UNITED STATES DEP’T OF JUSTICE
Wildlife and Marine Resources Section
999 18th St., South Terrace, Ste. 370
Denver, CO 80211
Telephone: [phone]
Facsimile: [phone]

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

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Attorneys for FEDERAL DEFENDANTS

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Attorneys for Plaintiff
STATE WATER CONTRACTORS

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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THE CONSOLIDATED SALMONID CASES
SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY, et al. v. LOCKE, et al. (Case
No. 1:09-cv-1053)

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STOCKTON EAST WATER DISTRICT, et
al. v. NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, et al.
(Case No. 1:09-cv-1090)
STATE WATER CONTRACTORS v.
LOCKE, et al. (Case No. 1:09-cv-1378)
KERN COUNTY WATER AGENCY, et al. v.
UNITED STATED DEPARTMENT OF
COMMERCE, et al. (Case No. 1:09-cv-1520)
OAKDALE IRRIGATION DISTRICT, et al.
v. UNITED STATES DEPARTMENT OF
COMMERCE, et al. (Case No. 1:09-cv-1580)

Case No.
1:09-cv-01053-LJO-DLB
CONSOLIDATED WITH
1:09-cv-01090-OWW-DLB
1:09-cv-01378-OWW-SMS
1:09-cv-01520-OWW-SMS
1:09-cv-01580-OWW-DLB
1:09-cv-01625-OWW-SMS
PLAINTIFF STATE WATER
CONTACTORS’ AND FEDERAL
DEFENDANTS’ JOINT STIPULATION
AND ORDER EXTENDING STAY
REGARDING MOTION FOR
ATTORNEYS’ FEES AND OTHER
EXPENSES
Judge: Hon. Lawrence J. O’Neill
Date:
Time:
Courtroom:

THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA v.
NATIONAL MARINE FISHERIES
SERVICE, et al. (Case No. 1:09-cv-1625)

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STIPULATION AND ORDER EXTENDING STAY REGARDING MOTION FOR FEES AND OTHER EXPENSES

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On March 19, 2015, in response to a joint motion and stipulation by the parties, this Court

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ordered a stay of the briefing related to the Plaintiff State Water Contractors’ (“SWC”) motion for

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an award of attorneys’ fees and other expenses (Doc. 772) (“Attorneys’ Fees Motion”) against

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Defendants Sally Jewell, Secretary of Interior, et al. (“Federal Defendants”) for 180 days from the

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date of said order. Doc. 771. The Court additionally ordered that at the conclusion of 180 days,

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SWC and the Federal Defendants must apprise the Court of any settlement or further requested

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action. Id. The 180-day deadline expires on September 15, 2015.

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SWC and the Federal Defendants hereby jointly inform the Court that they are proceeding

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diligently with settlement discussions regarding the Attorneys’ Fees Motion. To further facilitate

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the completion of the pending settlement discussions, SWC and the Federal Defendants hereby

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jointly move this Court for an extension of the stay of briefing related to the Attorneys’ Fee

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Motion for an additional 14 days until September 29, 2015. In support of this motion SWC and

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the Federal Defendants further stipulate as follows:

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1.

Briefing and argument on the Attorneys’ Fees Motions may be unnecessary in

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light of the parties’ intent to attempt to settle the SWC’s claims, and accordingly, further

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proceedings on the Attorneys’ Fees Motion should be stayed until September 29, 2015, to allow

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for further settlement discussions.

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2.

On or before September 29, 2015, SWC and the Federal Defendants will apprise

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the Court of any settlement or further requested action, or jointly propose a briefing schedule to

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address SWC’s motion for fees and other expenses if there has been no complete settlement. That

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schedule will provide for SWC to supplement its motion for recovery of attorneys’ fees and other

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expenses with documentation of all time and expenses sought, including the additional time spent

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in seeking fees, opposition by the Federal Defendants, and reply by SWC, with a hearing for the

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motion if the Court deems a hearing necessary.

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Based on the joint stipulation set forth above, SWC and the Federal Defendants

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respectfully request that this Court stay briefing and argument on SWC’s motion for recovery of

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attorneys’ fees and other expenses until September 29, 2015.

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-1STIPULATION AND ORDER EXTENDING STAY REGARDING MOTION FOR FEES AND OTHER EXPENSES

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Respectfully submitted this 14th day of September 2015.

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Dated: September 14, 2015

BEST BEST & KRIEGER, LLP
By:

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Dated: September 14, 2015

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

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B EST B ES T & K RIEGER LLP

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/s/ Steven G. Martin
Steven M. Anderson
Steven G. Martin
Attorneys for Plaintiff,
STATE WATER CONTRACTORS

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

IT IS SO ORDERED.
Dated:

September 15, 2015

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

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STIPULATION AND ORDER EXTENDING STAY REGARDING MOTION FOR FEES AND OTHER EXPENSES