Earth Island Institute et al v. Elliott et al

Filing 64

STIPULATION AND ORDER FOR STAYING TAXATION OF COSTS PENDING APPEAL signed by Chief Judge Lawrence J. O'Neill on July 26, 2018. (Munoz, I)

1 RENÉ P. VOSS (CA Bar No. 255758)
Natural Resources Law
2 15 Alderney Road
San Anselmo, CA 94960
3 Phone: [phone]
Email: [e-mail]
4 LEAD COUNSEL
5 MATT KENNA (CO Bar No. 22159)
Public Interest Environmental Law
6 679 E. 2nd Ave., Suite 11B
Durango, CO 81301
7 Phone: [phone]
Email: [e-mail]
8 Pro Hac Vice
9 Attorneys for Plaintiffs
10 Counsel for Federal Defendants
Listed on Signature Page
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARTH ISLAND INSTITUTE, et al.,
Plaintiffs,
v.

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KEVIN ELLIOTT, in his official capacity as
the Forest Supervisor of the Sequoia National
Forest, et al.,

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Federal Defendants,

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and

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SIERRA FOREST PRODUCTS, a California
Corporation,
Defendant-Intervenor.

Case No. 1:17-cv-01320-LJO-SAB
STIPULATION AND ORDER FOR STAYING
TAXATION OF COSTS PENDING APPEAL

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STIPULATION AND ORDER
IT IS HEREBY STIPULATED, by and between Plaintiffs and Federal Defendants and subject to

3 Court approval, that:
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(1)

Plaintiffs waive any objections to Federal Defendants’ Bill of Costs (ECF No. 61).

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(2)

The final taxation of Federal Defendants’ Bill of Costs against Plaintiffs shall be stayed

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pending Plaintiffs’ appeal of the Court’s summary judgment order and judgment (ECF

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Nos. 57, 58).

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The reasons for this stipulation are as follows:

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On July 19, 2018, Plaintiffs filed a Notice of Appeal of this Court’s summary judgment order

10 and judgment. ECF No. 59. If Plaintiffs prevail in their appeal, they will not be liable for Federal
11 Defendants’ Bill of Costs, and thus taxing the Bill of Costs against Plaintiffs at this time is premature.
12 Waiting to tax costs until after the appeal is resolved promotes efficiency and may avoid the unnecessary
13 expenditure of time and resources. If Plaintiffs do not prevail in their appeal, or if the appeal is
14 otherwise dismissed, Plaintiffs will be liable for Federal Defendants’ Bill of Costs.
15 Dated: July 26, 2018
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/s/ René P. Voss
(authorized 7/25/2018)
RENÉ P. VOSS
MATT KENNA, Pro Hac Vice

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Attorneys for Plaintiffs

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MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
E-mail:[e-mail]
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Federal Defendants

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25 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

July 26, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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STIPULATION AND ORDER

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