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

Filing 131

THIRD STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS' FEES AND OTHER EXPENSES signed by District Judge Lawrence J. O'Neill on April 12, 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
11
12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15
16 SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY; WESTLANDS WATER
17 DISTRICT,
18
19

Plaintiffs,

Case No. 1:11-cv-00952-LJO-GSA
THIRD 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.,
21
Defendants.
22
23
24
25
26
27
28
1445376.1 10355-037

THIRD 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”) previously stipulated to, and the Court has ordered, a stay on briefing and argument of
5 the Authority’s motion for attorneys’ fees and other expenses. Doc. 127, Doc. 129. These parties
6 have reached a recommended agreement in principle to settle the Authority’s fees claim, subject to
7 review within the Department of Justice and the Department of the Interior. To allow for additional
8 time for the review of the proposed settlement, the Authority and Defendants jointly request that this
9 Court extend the stay an additional 60 days, to the date of July 13, 2016.
10

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

11

1.

On October 15, 2015, the Authority filed a motion for an award of attorneys’ fees and

12 other expenses for this litigation. Doc. 120.
13

2.

On October 16, 2015, the Court approved the parties’ stipulation to stay briefing and

14 argument on the Authority’s motion for attorneys’ fees for 120 days, until February 13, 2016, to allow
15 for settlement discussions. Doc. 127.
16

3.

On February 17, 2016, the Court approved the parties’ stipulation to stay briefing and

17 argument on the Authority’s motion for attorneys’ fees for an additional 60 days, until April 14, 2016,
18 to allow for further settlement discussions. Doc. 129.
19

4.

The Authority and Defendants have reached a recommended agreement in principle to

20 settle the Authority’s claim for fees and expenses. Before any settlement can be concluded however,
21 the proposed settlement terms must be reviewed and approved within the Department of Justice and
22 the Department of Interior. If the recommended agreement is eventually adopted, the Authority and
23 Defendants agree that further briefing and argument on the Authority’s claim for fees and other
24 expenses, and a decision by the Court, will be unnecessary. A stay will therefore conserve the parties’
25 and the Court’s resources.
26

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

27 extend the stay of briefing and argument on the Authority’s motion for attorneys’ fees and other
28 expenses for an additional 60 days, to the date of July 13, 2016, in the manner provided above.
1445376.1 10355-037

1

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

1

Respectfully submitted this 11th day of April, 2016.

2
3 Dated: April 11, 2016
4

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
DIEPENBROCK ELKIN GLEASON, LLP

5
By: /s/ Daniel J. O’Hanlon
Daniel J. O’Hanlon
Eileen M. Diepenbrock
Attorneys for Plaintiff SAN LUIS & DELTAMENDOTA WATER AUTHORITY

6
7
8
9
10 Dated: April 11, 2016

BENJAMIN B. WAGNER
United States Attorney

11
J. EARLENE GORDON
Assistant United States Attorney

12
13

JOHN C. CRUDEN
Assistant Attorney General

14
15
16

By:

17
18
19
20
21

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

ORDER
The above stipulation is approved.

22
23 IT IS SO ORDERED.
24

Dated:

/s/ Lawrence J. O’Neill

April 12, 2016

UNITED STATES DISTRICT JUDGE

25
26
27
28
1445376.1 10355-037

2

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