South Yuba River Citizens League et al v. National Marine Fisheries Service et al

Filing 428

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/13/11 ORDERING that plfs' claims against Cordua Irrigation District in their 407 Motion for Attorneys Fees and Costs and the 417 Reply brief are deemed WITHDRAWN and will not be considered by the Court. (Benson, A.)

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Paul R. Minasian (SBN 040972)
Dustin C. Cooper (SBN 245774)
MINASIAN, MEITH, SOARES,
SEXTON & COOPER, LLP
1681 Bird Street
P.O. Box 1679
Oroville, CA 95965-1679
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Intervenor CORDUA
IRRIGATION DISTRICT

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SOUTH YUBA RIVER CITIZENS
)
LEAGUE, a non-profit corporation, and )
FRIENDS OF THE RIVER, a non)
profit corporation,
)
)
Plaintiffs,
)
)
v.
)
)
NATIONAL MARINE FISHERIES
)
SERVICE, CARLOS M. GUTIERREZ, )
as Secretary of Commerce, RODNEY )
McINNIS, as Regional Administrator )
of the National Marine Fisheries
)
Service Southwest Region, UNITED )
STATES ARMY CORPS OF
)
ENGINEERS, PETE GEREN, as
)
Acting Secretary of the Army,
)
COLONEL RONALD L. LIGHT, as
)
District Engineer, Sacramento District, )
and YUBA COUNTY WATER
)
AGENCY,
)
)
Defendants
)

Case No. 2:06-CV-02845-LKK-JFM
STIPULATION RE: PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES & COSTS AGAINST
CORDUA IRRIGATION DISTRICT; ORDER
THEREON

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Plaintiffs South Yuba River Citizens League and Friends of the River (“Plaintiffs”) and

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Intervenor Cordua Irrigation District (“Cordua”) by and through their respective attorneys of

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record hereby stipulate and agree as follows:

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WHEREAS, on August 19, 2011, Plaintiffs filed a Motion for Attorneys’ Fees and Costs
seeking $7,792.70 in attorneys’ fees against Cordua;
-1Stipulation re Attorneys Fees against Cordua Irrigation District; [Proposed] Order Thereon

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WHEREAS, on September 12, 2011, Cordua filed an opposition to Plaintiffs’ Motion for
Attorneys’ Fees and Costs;
WHEREAS, on September 19, 2011, Plaintiffs filed a Reply to Cordua’s Opposition to

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Plaintiffs’ Motion for Attorneys’ Fees and Costs seeking an additional $3,950.25 (totaling

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$11,742.95) in attorneys’ fees against Cordua;

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WHEREAS, on September 26, 2011, the hearing on Plaintiffs’ Motion for Attorneys’

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Fees and Costs was held and on September 28, 2011, the court granted Cordua the right to file a

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supplemental brief;

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WHEREAS, in lieu of Cordua filing a supplemental brief and appearing in a further

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hearing concerning Plaintiffs’ Motion for Attorneys’ Fees and Costs, Plaintiffs and Cordua have

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agreed to settle Plaintiffs’ claims for attorneys’ fees against Cordua;

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NOW, THEREFORE, it is hereby stipulated between Plaintiffs and Cordua, by and
through counsel, that in consideration of their separate Settlement Agreement:
1. Plaintiffs withdraw the portions of their Motion for Attorneys’ Fees and Costs seeking
attorneys’ fees against Cordua;
2. The Court will not consider arguments for or opposed to the award of attorneys’ fees
against Cordua and will not order an award of attorneys’ fee against Cordua.
Dated: October 11, 2011

MINASIAN, MEITH, SOARES,
SEXTON & COOPER, LLP

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By:_____/s/ Dustin C. Cooper
___
DUSTIN C. COOPER, Attorneys for
Defendant-Intervenor CORDUA
IRRIGATION DISTRICT

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Dated: October 11, 2011

ENVIRONMENTAL ADVOCATES

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By: _____/s/ Christopher A. Sproul
_____
CHRISTOPHER A. SPROUL, Attorneys for
Plaintiffs SOUTH YUBA RIVER CITIZENS
LEAGUE, and FRIENDS OF THE RIVER

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-2Stipulation re Attorneys Fees against Cordua Irrigation District; [Proposed] Order Thereon

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ORDER

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Plaintiffs South Yuba River Citizens League and Friends of the River and Intervenor

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Cordua Irrigation District have jointly requested approval of this Court of a proposed settlement

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of Plaintiffs’ Motion for Attorneys’ Fees and Costs against Cordua Irrigation District as set forth

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in the preceding stipulation. The Court is familiar with the issues and the parties’ positions with

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respect thereto and has reviewed the stipulation. Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the stipulation is
hereby approved;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ claims

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against Cordua Irrigation District in their Motion for Attorneys’ Fees and Costs (Document No.

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407) and Reply brief (Document No. 417) are deemed withdrawn and will not be considered by

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the Court.

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Dated: October 13, 2011.

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-3Stipulation re Attorneys Fees against Cordua Irrigation District; [Proposed] Order Thereon