San Luis & Delta-Mendota Water Authority et al v. United States Department of Interior et al
Filing
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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:
(916) 554-2991
Facsimile:
(916) 554-2900
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: (303) 844-1487; Fax: (303) 844-1350
Email: Devon.McCune@usdoj.gov
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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.
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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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