San Luis & Delta-Mendota Water Authority et al v. United States Department of Interior et al

Filing 127

STIPULATION and ORDER regarding 120 MOTION for ATTORNEY FEES AND OTHER EXPENSES signed by District Judge Lawrence J. O'Neill on 10/16/2015. (Lundstrom, T)

1 DANIEL J. O’HANLON, State Bar No. 122380
HANSPETER WALTER, State Bar No. 244847
2 REBECCA R. AKROYD, State Bar No. 267305
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
3 A Professional Corporation
400 Capitol Mall, 27th Floor
4 Sacramento, CA 95814
Telephone: [phone]
5 Facsimile: [phone]
6 EILEEN M. DIEPENBROCK, State Bar No. 119254
JONATHAN R. MARZ, State Bar No. 221188
7 DIEPENBROCK ELKIN LLP
500 Capitol Mall, Suite 2200
8 Sacramento, CA 95814
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Plaintiff
SAN LUIS & DELTA-MENDOTA WATER
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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16 SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY; WESTLANDS WATER
17 DISTRICT,
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Plaintiffs,
v.

20 UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,
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Defendants.
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Case No. 1:11-cv-00952-LJO-GSA
STIPULATION AND ORDER
REGARDING MOTION FOR
ATTORNEYS’ FEES AND OTHER
EXPENSES
Judge:

Hon. Lawrence J. O’Neill

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1258695.1 10355-037

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 and
3 Defendants United States Department of Interior, Sally Jewell, Secretary of Interior, et al.
4 (“Defendants”) jointly move this Court to stay briefing on the Authority’s motion for an award of
5 attorneys’ fees and other expenses for 120 days. In support of this motion, the Authority and
6 Defendants stipulate as follows:
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1.

The Court entered judgment in this action on March 25, 2015. Doc. 115. Defendants

8 filed a Notice of Appeal on May 22, 2015. Doc. 116. Defendants subsequently filed a motion for
9 voluntary dismissal of the appeal on September 14, 2015. On September 15, 2015, the Ninth Circuit
10 Court of Appeals issued an order granting Federal Defendants’ motion to dismiss the appeal, and
11 dictated that the order “shall serve as and for the mandate of this court.” Doc. 119. The Ninth
12 Circuit’s order represents the “final order disposing of any appeal” and September 15, 2015 is
13 therefore the date of “final judgment” in this action.

See Doc. 119; see also 28 U.S.C. §

14 2412(d)(1)(B).
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2.

Concurrently with this joint motion and stipulation, the Authority has filed a motion for

16 an award of attorneys’ fees and other expenses for this litigation. Before filing the motion for award
17 of attorneys’ fees and other expenses, the Authority presented Defendants with a confidential request
18 to settle its claim, which request includes the amount sought to date, an itemized statement of the
19 actual time expended by attorneys, experts, and other personnel representing or appearing on behalf of
20 the Authority, the rates at which fees and other expenses were computed, and an itemized statement of
21 other expenses incurred in the litigation. Defendants are, thus, in receipt of the information specified
22 by the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(B), as well as Local Rule 293,
23 and will not be prejudiced by the Authority deferring the filing of memoranda, evidentiary and other
24 materials supporting its motion at this time.
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3.

Discussions regarding the Authority’s request are ongoing, and the Authority and

26 Defendants seek additional time to attempt to settle the Authority’s claims without unnecessarily
27 burdening the Court. The Authority and Defendants agree that briefing and argument on the
28 Authority’s claim for fees and other expenses may be unnecessary in light of the parties’ intent to
1258695.1 10355-037

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

1 attempt to settle the Authority’s claim.
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4.

Accordingly, the Authority and Defendants agree that further proceedings on the

3 Authority’s motion for an award of fees and other expenses, including the filing of further memoranda
4 and evidentiary and other materials supporting that motion, and any opposition thereafter, should be
5 stayed for 120 days to allow for settlement discussions.
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5.

At the conclusion of 120 days, the Authority and Defendants will apprise the Court of

7 any settlement or further requested action, or jointly propose a briefing schedule to address the
8 Authority’s motion for fees and other expenses if there has been no settlement. That schedule will
9 provide for the Authority to supplement its motion for award of attorneys’ fees and other expenses
10 with documentation of all time and expenses sought, including the additional time spent in seeking
11 fees, opposition by Defendants, and reply by the Authority, with a hearing if the Court deems a
12 hearing necessary.
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Based on the joint stipulation set forth above, the parties respectfully request that this Court

14 stay briefing and argument on the Authority’s concurrently filed motion for an award of attorneys’
15 fees and other expenses for 120 days from the date of the Court’s order granting such stay, in the
16 manner provided above.
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Respectfully submitted this 14th day of October, 2015.

18 Dated: October 14, 2015
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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
DIEPENBROCK ELKIN LLP

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By: /s/ Daniel J. O’Hanlon
Daniel J. O’Hanlon
Eileen M. Diepenbrock
Attorneys for Plaintiff SAN LUIS & DELTAMENDOTA WATER AUTHORITY

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1258695.1 10355-037

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

1 Dated: October 14, 2015
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BENJAMIN B. WAGNER
United States Attorney
J. EARLENE GORDON
Assistant United States Attorney

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JOHN C. CRUDEN
Assistant Attorney General

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By:

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/s/ Devon Lehman McCune
DEVON LEHMAN McCUNE
Senior Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Attorneys for Defendants

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IT IS SO ORDERED
12 Dated: October 16, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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