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

Filing 129

SECOND STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS FEES AND OTHER EXPENSES signed by District Judge Lawrence J. O'Neill on February 17, 2016. (Munoz, I)

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 GLEASON, 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,

Case No. 1:11-cv-00952-LJO-GSA
SECOND STIPULATION AND ORDER
REGARDING MOTION FOR
ATTORNEYS’ FEES AND OTHER
EXPENSES

v.
Judge:

Hon. Lawrence J. O’Neill

20 UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,
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Defendants.
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1428565.1 10355-037

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

1

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”) stipulated to stay briefing and argument on the Authority’s motion for an award of
5 attorneys’ fees and other expenses for 120 days from the date of the Court’s October 16, 2015 order
6 granting the requested stay. Doc. 127. The Authority and Defendants now jointly request that this
7 Court extend the stay an additional 60 days, to the date of April 14, 2016. In support of this request,
8 the Authority and Defendants stipulate as follows:
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1.

The Authority has filed a motion for an award of attorneys’ fees and other expenses for

10 this litigation. Discussions regarding the Authority’s pending motion are ongoing, and the Authority
11 and Defendants seek additional time to attempt to settle the Authority’s claims without unnecessarily
12 burdening the Court. The Authority and Defendants agree that briefing and argument on the
13 Authority’s claim for fees and other expenses may be unnecessary in light of the parties’ intent to
14 attempt to settle the Authority’s claim.
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2.

On October 16, 2015, the Court approved the parties’ stipulation regarding the motion

16 for attorneys’ fees and other expenses, under which the parties agreed to stay briefing and argument
17 on the Authority’s motion for attorneys’ fees for 120 days from the date of the Court’s order granting
18 the requested stay. Doc. 127. The stipulated stay period is scheduled to expire on February 13, 2016.
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3.

To allow for further settlement discussions, the Authority and Defendants agree that

20 further proceedings on the Authority’s motion for an award of fees and other expenses, including the
21 filing of further memoranda and evidentiary and other materials supporting that motion, and any
22 opposition thereafter, should be stayed for an additional 60 days, to the date of April 14, 2016.
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4.

At the conclusion of the stipulated stay period, the Authority and Defendants will

24 apprise the Court of any settlement or further requested action, or jointly propose a briefing schedule
25 to address the Authority’s motion for fees and other expenses if there has been no settlement. That
26 schedule will provide for the Authority to supplement its motion for award of attorneys’ fees and other
27 expenses with documentation of all time and expenses sought, including the additional time spent in
28 seeking fees, opposition by the Defendants, and reply by the Authority, with a hearing if the Court
1428565.1 10355-037

1

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

1 deems a hearing necessary.
2

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

3 extend the stay of briefing and argument on the Authority’s motion for attorneys’ fees and other
4 expenses for an additional 60 days, to the date of April 14, 2016, in the manner provided above.
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Respectfully submitted this 11th day of February, 2016.

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7 Dated: February 11, 2016
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KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
DIEPENBROCK ELKIN GLEASON, LLP
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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12 Dated: February 11, 2016
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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.
Dated:

/s/ Lawrence J. O’Neill

February 17, 2016

UNITED STATES DISTRICT JUDGE

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1428565.1 10355-037

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