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

Filing 98

ORDER re Joint Stipulation to Stay Supplemental Filing for Motion/Petition for Attorney's Fees, Costs and Expenses signed by Chief Judge Lawrence J. O'Neill on 9/26/2018. (Jessen, A)

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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

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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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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

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v.

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

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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,

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Respondents and Defendants.
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Joint Stipulation to Stay Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; Order

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STIPULATION

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

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

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

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Mendota Water Authority file this Joint Stipulation and Proposed Order to stay for a period of sixty (60)

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days after mandate issues from the Ninth Circuit Court of Appeals, the supplemental and response

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

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

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WHEREAS, on June 29, 2018, the Parties lodged a Proposed Final Judgment with the intent that

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all applicable timelines regarding Plaintiffs’ claims for recovery of fees and costs be extended at least

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

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an attempt to resolve Plaintiffs’ claims without further litigation;

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

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

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attempt to resolve Plaintiffs’ claims without further litigation;
WHEREAS, Plaintiffs filed a Stipulation and Proposed Order along with a Preliminary

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

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

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

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(ECF No. 88);

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WHEREAS, Federal Defendants filed a Notice of Appeal on August 31, 2018 (Case no. 1816780); and,

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WHEREAS, Plaintiffs filed a Cross Appeal on September 14, 2018 (Case no. 18-16666);

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NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE:

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To stay all deadlines regarding the supplemental and response filings regarding Plaintiffs’

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Preliminary Motion/Petition for Attorneys’ Fees, Costs, and Expenses until sixty (60) days after

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mandate issues from the 9th Circuit Court of Appeals.

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Joint Stipulation to Stay Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; [Proposed] Order

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Dated: September 25, 2018

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

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Dated: September 25, 2018

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SOLURI MESERVE, A LAW CORPORATION
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

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AQUA TERRA AERIS LAW GROUP

Dated: September 25, 2018

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

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Joint Stipulation to Stay Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; [Proposed] Order

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Dated: September 25, 2018

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JEFFREY H. WOOD
Acting Assistant Attorney General
By:
/s/ Lee Leininger
R. LEE LEININGER
Natural Resources Section
999 18th Street
South Terrace, Suite 370
Denver, CO 80202
Phone: [phone]; Fax: [phone]
[e-mail]

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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]

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Attorneys for Federal Defendants

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ORDER

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

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The supplemental and response filings regarding Plaintiffs’ Preliminary Motion/Petition for

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Attorneys’ Fees, Costs, and Expenses is stayed until sixty (60) days after mandate issues from the 9th

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Circuit Court of Appeals.

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IT IS SO ORDERED.

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Dated:

September 26, 2018

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

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Joint Stipulation to Stay Supplemental Filing for Motion/Petition for
Attorney’s Fees, Costs, and Expenses; [Proposed] Order