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

Filing 781

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 September 29, 2015. (Munoz, I)

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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]

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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B E S T B E S T & K R I E G E R LLP

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

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:

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STIPULATION AND ORDER RE STAY OF MOTION FOR FEES AND OTHER EXPENSES

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On March 19, 2015, to facilitate settlement discussions, this Court ordered a stay of the

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briefing related to the Plaintiff State Water Contractors’ (“SWC”) motion for an award of

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

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

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771. The Court also ordered the parties to apprise the Court by the end of the 180-day period

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regarding any settlement or further requested action. Id. On September 14, 2015, before the end

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of that 180-day period, the SWC and Federal Defendants informed the Court that an additional 14

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days was necessary to complete pending settlement discussions. Doc. 776. The Court ordered a

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further stay of proceedings on the SWC Attorneys’ Fees Motion until September 29, 2015, and
required that the SWC and Federal Defendants apprise the Court by the end of the extension

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period of any settlement or further requested action. Id.

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The SWC and Federal Defendants hereby inform the Court that these parties have now

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reached a recommended agreement in principle to settle the claims in the SWC Attorneys’ Fees

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Motion, subject to review by the Department of Justice and the Department of Interior.

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To allow these federal agencies adequate time to review the settlement in principle, the

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SWC and Federal Defendants jointly request that this Court grant a further extension of the stay

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of the SWC Attorneys’ Fees Motion until December 15, 2015. For simplicity and consistency,

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this extension coincides with the deadline requested by Plaintiff San Luis & Delta-Mendota

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Water Authority for reviewing its settlement in principle with the Federal Defendants. See Doc.

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777.

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In support of this request, the SWC and Federal Defendants stipulate, as follows:

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1.

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On March 20, 2015, the SWC filed a motion for an award of attorneys’ fees and

other expenses for this litigation. Doc. 772.
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On March 19, 2015, the Court approved the parties’ stipulation to stay further

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briefing and argument on the SWC Attorneys’ Fees Motion until September 15, 2015, to allow

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for settlement discussions. Doc. 771. That order directed the parties to apprise the Court of any

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settlement or further requested action, or jointly propose a briefing schedule to address the SWC’s

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motion for fees and other expenses if there was no settlement, upon expiration of the stay.
-1STIPULATION AND ORDER RE STAY OF MOTION FOR FEES AND OTHER EXPENSES

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3.

On September 14, 2015, the Court approved the SWC’s and Federal Defendants’

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stipulation to further stay the briefing and argument on the SWC Attorneys’ Fees Motion until

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September 29, 2015, to allow completion of pending settlement discussions. Doc. 776.

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4.

The SWC and Federal Defendants have reached a recommended agreement in

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principle to settle the SWC’s claims in the SWC Attorneys’ Fees Motion. Before any settlement

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can be concluded, the proposed settlement terms must be reviewed within and approved by the

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Department of Justice and the Department of Interior. If the recommended settlement agreement

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is eventually adopted, the SWC and Federal Defendants agree that further briefing and argument

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on the SWC Attorneys’ Fees Motion, and a decision by this Court, will be unnecessary. A stay

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will therefore conserve the parties’ and the Court’s resources.
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Based on the joint stipulation set forth above, the parties respectfully request that

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this Court extend the stay of briefing and argument on the SWC Attorneys’ Fees Motion until

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December 15, 2015. By that date, the parties will either report that settlement has been completed

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and the SWC is withdrawing its motion for fees and expenses, or request other action by the

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Court in the absence of a completed settlement.

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Respectfully submitted this 28th day of September 2015.

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Dated: September 28, 2015

BEST BEST & KRIEGER LLP
By:
/s/ Steven G. Martin
Steven M. Anderson
Steven G. Martin
Attorneys for Plaintiff,
STATE WATER CONTRACTORS

Dated: September 28, 2015

U.S. DEPARTMENT OF JUSTICE
Environmental & Natural Resources Division
By:
/s/ William Shapiro
William Shapiro, Trial Attorney
Attorneys for FEDERAL DEFENDANTS

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IT IS SO ORDERED
Dated: September 29, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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STIPULATION AND ORDER RE STAY OF MOTION FOR FEES AND OTHER EXPENSES