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

Filing 787

FOURTH JOINT STIPULATION and ORDER extending stay regarding motion for attorneys' fees and other expenses signed by District Judge Lawrence J. O'Neill on 12/15/2015. (Lundstrom, T)

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COUNSEL IDENTIFICATION ON FOLLOWING PAGE

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UNITED STATES DISTRICT COURT

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B EST B ES T & K RIEGER LLP

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EASTERN DISTRICT OF CALIFORNIA

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THE CONSOLIDATED SALMONID CASES

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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)

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

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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]
Attorneys for Plaintiff
STATE WATER CONTRACTORS

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]
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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B EST B ES T & K RIEGER LLP

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

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To facilitate settlement discussions, this Court has previously 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”), as stipulated to by

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these parties. See Docs. 771, 779, 781. Through these settlement discussions, these parties have

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

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subject to review within the Department of Justice and the Department of Interior.

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To allow additional time for the review of the proposed settlement, the SWC and Federal
Defendants jointly request that this Court extend the stay on the SWC Attorneys’ Fees Motion for

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an additional 45 days, to January 29, 2016. This extension coincides with the deadline requested

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by Plaintiff San Luis & Delta-Mendota Water Authority and the Federal Defendants for

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reviewing their settlement in principle. See Doc. 784.

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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.
2.

On March 19, 2015, these parties stipulated and the Court approved the parties’

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

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September 15, 2015, to allow for settlement discussions. Docs. 765, 771. That order directed the

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parties to apprise the Court of any settlement or further requested action, or jointly propose a

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briefing schedule to address the SWC’s motion for fees and other expenses if there was no

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settlement, upon expiration of the stay.

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3.

On September 14, 2015, the SWC and Federal Defendants stipulated, and on

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September 16, 2015, the Court approved the SWC’s and Federal Defendants’ stipulation, to

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further stay the briefing and argument on the SWC Attorneys’ Fees Motion until September 29,

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2015, to allow completion of pending settlement discussions. Docs. 776, 779.

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4.

On September 28, 2015, the SWC and Federal Defendants stipulated, and on

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September 29, 2015, the Court approved the SWC’s and Federal Defendants’ stipulation, to

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further stay the briefing and argument on the SWC Attorneys’ Fees Motion until December 15,
-1FOURTH STIPULATION AND ORDER RE STAY OF MOTION FOR FEES AND OTHER EXPENSES

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2015. Docs. 780, 781.
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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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6.

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

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

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January 29, 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 14th day of December 2015.

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Dated: December 14, 2015

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

Dated: December 14, 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:

/s/ Lawrence J. O’Neill

December 15, 2015

UNITED STATES DISTRICT JUDGE

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-2FOURTH STIPULATION AND ORDER RE STAY OF MOTION FOR FEES AND OTHER EXPENSES