AquAlliance et al v. U.S. Bureau of Reclamation, et al

Filing 90

JOINT STIPULATION TO EXTEND TIME ON SUPPLEMENTAL FILING FOR MOTION/PETITION FOR ATTORNEYS FEES, COSTS, AND EXPENSES; ORDER signed by Chief Judge Lawrence J. O'Neill on August 21, 2018. (Munoz, I)

1
2
3
4
5
6
7
8
9

Jason R. Flanders (SBN 238007)
AQUA TERRA AERIS LAW GROUP
490 43rd St., Ste. 108
Oakland, CA 94609
Phone: [phone]
Email: [e-mail]
Michael B. Jackson (SBN 53808)
P.O. Box 207
75 Court Street
Quincy, CA 95971
Phone: [phone]
Email: [e-mail]
Attorneys for Petitioners and Plaintiffs AquAlliance and
California Sportfishing Protection Alliance

10
11
12
13
14
15
16

Patrick M. Soluri (SBN 210036)
Osha R. Meserve (SBN 204240)
SOLURI MESERVE, A LAW CORPORATION
510 8th Street
Sacramento, CA 95814
Phone: [phone]
Email: [e-mail]; [e-mail]
Attorneys for Petitioners and Plaintiffs Local Agencies of the North Delta,
Central Delta Water Agency, South Delta Water Agency

17

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

18
19
20
21

AQUALLIANCE; CALIFORNIA
SPORTFISHING PROTECTION ALLIANCE;
CENTRAL DELTA WATER AGENCY;
SOUTH DELTA WATER AGENCY; LOCAL
AGENCIES OF THE NORTH DELTA,
Petitioners and Plaintiffs,

22
v.

1:15-cv-00754-LJO-BAM
JOINT STIPULATION TO EXTEND TIME ON
SUPPLEMENTAL FILING FOR
MOTION/PETITION FOR ATTORNEY’S
FEES, COSTS, AND EXPENSES; ORDER
Honorable Lawrence O’Neill

23
24
25
26

THE UNITED STATES BUREAU OF
RECLAMATION; SAN LUIS & DELTAMENDOTA WATER AUTHORITY; U.S. FISH
AND WILDLIFE SERVICE; U.S.
DEPARTMENT OF THE INTERIOR; SALLY
JEWELL, in her official capacity; and DOES 1 –
100,

27
Respondents and Defendants.
28
Joint Stipulation to Extend Time on Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; Order

1

STIPULATION

2

Plaintiffs, AquAlliance, California Sportfishing Protection Alliance, Central Delta Water

3

Agency, South Delta Water Agency and Local Agencies of the North Delta; and Defendants United

4

States Bureau of Reclamation, United States Fish and Wildlife Service, and San Luis and Delta-Mendota

5

Water Authority file this Joint Stipulation and Proposed Order to extend time for supplemental and

6

response filings regarding Plaintiffs’ Preliminary Motion/Petition for Attorneys’ Fees, Costs, and

7

Expenses, previously filed on July 23, 2018 (ECF No. 87).

8
9

WHEREAS, on June 29, 2018, the Parties lodged a Proposed Final Judgment with the intent that
all applicable timelines regarding Plaintiffs’ claims for recovery of fees and costs be extended at least

10

thirty (30) days to enable sufficient time for the parties to meet and confer and negotiate in good faith in

11

an attempt to resolve Plaintiffs’ claims without further litigation;

12

WHEREAS, on July 5, 2018, the Court entered Judgment in this matter;

13

WHEREAS, the parties met and conferred and desire additional time to negotiate in good faith to

14

attempt to resolve Plaintiffs’ claims without further litigation;

15

WHEREAS, Plaintiffs filed a Stipulation and Proposed Order along with a Preliminary

16

Motion/Petition for Attorneys’ Fees, Costs, and Expenses, providing that Plaintiffs would have until

17

September 5th, to file a Supplemental Motion/Petition for Attorneys’ Fees, Costs, and Expenses, and

18

Supplemental Memorandum in Support thereof, which was approved by the Court on July 26, 2018

19

(ECF No. 88); and,

20
21

WHEREAS, the parties are continuing to negotiate in good faith and desire additional time to
resolve Plaintiffs’ claims without further litigation;

22

WHEREAS, in furtherance of the intent of the Parties to negotiate in good faith to resolve

23

Plaintiffs’ claims for fees and costs without further litigation, no party will contest the timeliness of

24

Plaintiffs’ Motion/Petition for Attorneys’ Fees, Costs, and Expenses, subject to the deadlines agreed to,

25

below:

26

NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE:

27

Plaintiffs’ deadline to file its supplemental motion papers is extended by forty-four (44) days

28

until no later than October 19, 2018, and shall not exceed twenty (20) pages in length;
2
Joint Stipulation to Extend Time on Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; Order

1
2
3

Defendants’ opposition brief shall be filed no later than November 19, 2018, and shall not
exceed forty (40) pages combined;
Plaintiffs’ may file a single combined reply brief no later than December 13, 2018, which shall

4

not exceed twenty-five (25) pages.

5

Dated: August 20, 2018

6

By: /s/ Jason R. Flanders
Jason R. Flanders
Attorneys for Plaintiffs
AquAlliance, California Sportfishing
Protection Alliance

7
8
9

AQUA TERRA AERIS LAW GROUP

Dated: August 20, 2018

SOLURI MESERVE, A LAW CORPORATION

10
By: /s/ Patrick M. Soluri
Patrick M. Soluri
Attorney for Plaintiffs
Local Agencies of the North Delta, Central
Delta Water Agency, South Delta Water Agency

11
12
13
14

Dated: August 20, 2018

15
16

By: /s/ Daniel J. O’Hanlon
Daniel J. O’Hanlon
Attorneys for Defendant/Respondent
San Luis & Delta-Mendota Water Authority

17
18
19

KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD
A Professional Corporation

Dated: August 20, 2018

20

PIONEER LAW GROUP
By: /s/ Andrea A. Matarazzo
Andrea A. Matarazzo
Attorneys for Defendant/Respondent
San Luis & Delta-Mendota Water Authority

21
22
23
24
25
26
27
28

Dated: August 20, 2018

JEFFREY H. WOOD
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division

By: /s/ R. Lee Leininger
R. Lee Leininger
Natural Resources Section
3
Joint Stipulation to Extend Time on Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; Order

999 18th Street
South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

1
2
3
4

10

By: /s/ Clifford E. Stevens, Jr.
Clifford E. Stevens, Jr.
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

11

Attorneys for Federal Defendants

5
6
7
8
9

12

ORDER

13

Pursuant to Stipulation of the Parties, it is so ORDERED:

14

Plaintiffs shall have until October 19, 2018 to file a Supplemental Motion/Petition for Attorneys’

15

Fees, Costs, and Expenses, and Supplemental Memorandum in Support thereof not to exceed twenty

16

(20) pages in length;

17
18
19

Defendants’ opposition brief shall be filed no later than November 19, 2018, and shall not
exceed forty (40) pages combined;
Plaintiffs’ may file a single combined reply brief no later than December 13, 2018, which shall

20

not exceed twenty-five (25) pages.

21

IT IS SO ORDERED.

22
23

Dated:

August 21, 2018

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

24
25
26
27
28
4
Joint Stipulation to Extend Time on Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; Order