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

Filing 133

FOURTH STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS' FEES AND OTHER EXPENSES signed by Chief Judge Lawrence J. O'Neill on July 13, 2016. (Munoz, I)

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PHILLIP A. TALBERT
Acting United States Attorney
Eastern District of California
J. EARLENE GORDON
Assistant U.S. Attorney
Eastern District of California
501 “I” Street, Suite 10-100
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
JOHN C. CRUDEN
Assistant Attorney General

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DEVON LEHMAN MCCUNE
Senior Attorney
United States Department of Justice
Environment & Natural Resources Division
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Tel: [phone]; Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff United States of America

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY, et al.,

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Plaintiffs,

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v.

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UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,

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Case No. 1:11-cv-00952-LJO-GSA
FOURTH STIPULATION AND ORDER
REGARDING MOTION FOR
ATTORNEYS’ FEES AND OTHER
EXPENSES
Judge: Hon. Lawrence J. O’Neill

Defendants.

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______________________________________

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

11-CV-00952

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To facilitate settlement discussions regarding Plaintiff San Luis & Delta-Mendota Water

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Authority’s (“Authority”) claim for attorneys’ fees and other expenses in this case, the Authority

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and Defendants United States Department of Interior, Sally Jewell, Secretary of Interior, et al.

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(“Defendants”) previously stipulated to, and the Court has ordered, a stay on briefing and

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argument of the Authority’s motion for attorneys’ fees and other expenses. Doc. 127, Doc. 129,

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Doc. 131. These parties have reached a recommended agreement in principle to settle the

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Authority’s fees claim, subject to review within the Department of Justice and the Department of

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the Interior. To allow for additional time for the review of the proposed settlement, the

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Authority and Defendants jointly request that this Court extend the stay to the date of August 26,

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2016.

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

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1.

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

and other expenses for this litigation. Doc. 120.
2.

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

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and argument on the Authority’s motion for attorneys’ fees for 120 days, until February 13,

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2016, to allow for settlement discussions. Doc. 127.

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3.

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

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and argument on the Authority’s motion for attorneys’ fees for an additional 60 days, until April

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14, 2016, to allow for further settlement discussions. Doc. 129.

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4.

On April 12, 2016, the Court approved the parties’ stipulation to stay briefing and

argument on the Authority’s motion for attorneys’ fees until July 13, 2016. Doc. 131.
5.

The Authority and Defendants have reached a recommended agreement in

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principle to settle the Authority’s claim for fees and expenses. Before any settlement can be

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

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

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eventually adopted, the Authority and Defendants agree that further briefing and argument on the

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FOURTH STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES
11-CV-00952
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Authority’s claim for fees and other expenses, and a decision by the Court, will be unnecessary.

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A stay will therefore conserve the parties’ and the Court’s resources.

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6.

The parties anticipate that this will be the last extension of time required and that

the extension will allow sufficient time to implement the settlement.

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

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Court extend the stay of briefing and argument on the Authority’s motion for attorneys’ fees and

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other expenses until August 26, 2016, in the manner provided above.

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Respectfully submitted this 8th day of July, 2016.

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Dated: July 8, 2016

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/s/ Daniel J. O’Hanlon per authorization given on
By: 7/8/2016
Daniel J. O’Hanlon
Eileen M. Diepenbrock
Attorneys for Plaintiff SAN LUIS & DELTAMENDOTA WATER AUTHORITY

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

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FOURTH STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES
11-CV-00952
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Dated: July 8, 2016

BENJAMIN B. WAGNER
United States Attorney

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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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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:

July 13, 2016

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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FOURTH STIPULATION AND ORDER REGARDING MOTION FOR ATTORNEYS’ FEES AND OTHER
EXPENSES
11-CV-00952
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