Center for Sierra Nevada Conservation, et al., v. United States Forest Service, et al

Filing 117

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/17/2012 re: 116 Stipulation and Proposed Order ORDERING plaintiff's cost bill and attorney fee petition are due no later than 10/29/2012. (Waggoner, D)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

David A. Bahr (OSB No. 90199)
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone] Voice
[e-mail]
Lisa T. Belenky (CSB No. 203225)
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
[phone] x307 Voice
[e-mail]
Erik Schlenker-Goodrich (New Mexico Bar No. 7875)
Western Environmental Law Center
P.O. Box 1507
Taos, New Mexico 87571
[phone] Voice
[e-mail]
Attorneys for Plaintiffs
IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
JASON A. HILL (DC 477543)
JOHN P. TUSTIN (TX 24056458)
Trial Attorneys
Natural Resources Section
J. BRETT GROSKO (Maryland Bar)
Trial Attorney
Wildlife and Marine Resources Section
Environment and Natural Resources Division
U.S. Department of Justice
Benjamin Franklin Station, P.O. Box 663
Washington, D.C. 20044-0663
Tel: [phone] (Hill)
202-305-3022 (Tustin)
202-305-0342 (Grosko)
Fax: [phone] (Hill and Tustin)
202-305-0275 (Grosko)
[e-mail]
[e-mail]
[e-mail]
Attorneys for Federal Defendants
PARTIES’ STIPULATION AND [PROPOSED]
ORDER RE: DEADLINE FOR MOTION FOR
ATTORNEYS’ FEES, COSTS AND EXPENSES

1

Case No. 2:09-cv-2523-LKK-JFM

1
2
3
4
5
6

Paul A. Turcke
Moore, Smith, Buxton & Turcke, Chartered
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Phone: [phone]
Fax: [phone]
[e-mail]

10

Dennis Porter
Attorney at Law
8120 36th Avenue
Sacramento, CA 95824
Phone: [phone]
Fax: [phone]
[e-mail]

11

Attorneys for Defendant-Intervenors

7
8
9

12

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

13

14 CENTER FOR SIERRA NEVADA
Case No. 2:09-cv-2523-LKK-JFM
CONSERVATION, CENTER FOR BIOLOGICAL
15 DIVERSITY, and FOREST ISSUES GROUP,
non-profit corporations,
PARTIES’ STIPULATION AND ORDER RE:
16
DEADLINE FOR MOTION FOR
Plaintiffs,
ATTORNEYS’ FEES, COSTS AND EXPENSES
17
vs.
18
RAMIRO VILLALVAZO, in his official capacity
19 as Forest Supervisor for the Eldorado National
Forest, UNITED STATES FOREST SERVICE,
20
Federal Defendants,

21
22

and

23 CALIFORNIA ASSOC. OF 4 WHEEL DRIVE
24 CLUBS, et al.,
25

Defendant-Intervenors.

26
27

WHEREAS Civil Local Rule 293(a) provides that motions for attorneys’ fees must be filed

28
PARTIES’ STIPULATION AND [PROPOSED]
ORDER RE: DEADLINE FOR MOTION FOR
ATTORNEYS’ FEES, COSTS AND EXPENSES

2

Case No. 2:09-cv-2523-LKK-JFM

1
2
3

within 28 days of entry of judgment;
WHEREAS, the Court entered its Judgment in this matter on July 31, 2012 (Dkt. No. 113), and
motions for attorneys’ fees under L.R. 293 are to be filed no later than August 28, 2012;

4
WHEREAS, Plaintiffs will seek attorneys fees, costs and expenses in this case under both the
5
6
7

Endangered Species Act (“ESA”), 16 U.S.C. § 1540(g)(4), and the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412;

8

WHEREAS, Federal Rule of Civil Procedure 54(d)(2)(B) provides that, unless otherwise

9

provided by statute or order of the Court, a motion for attorneys’ fees must be filed and served no later

10

than 14 days after entry of judgment;

11
WHEREAS, EAJA provides that “a party seeking an award of fees and other expenses” may
12
13
14
15
16
17

apply for them “within 30 days of final judgment in the action,” and EAJA defines “final judgment” as
“a judgment that is final and not appealable,” 28 U.S.C. §§ 2412(d)(1)(B) and (d)(2)(g);
WHEREAS, the Court’s Judgment in this matter becomes non-appealable under Fed. R. App. P.
4(a)(1)(B) sixty days after entry. Therefore, an application for fees and costs under EAJA in this case
must be made no later than Monday, October 29, 2012 (90 days after entry of the Court’s Judgment);

18
WHEREAS, Plaintiffs have previously sought an extension of time as to the deadline to file any
19
20
21
22
23
24

motion for attorneys’ fees and costs under the ESA, and the Court thereby extended the ESA deadline
until September 18, 2012 (Dkt. No. 115);
Accordingly, the parties stipulate and agree, and request that the Court enter an order extending
the deadline for Plaintiffs to file a motion for attorneys’ fees, costs, and other expenses under Civil
Local Rules 292 and 293, and Federal Rule of Civil Procedure 54(d)(2)(B), with the same deadline as

25
that for filing a motion for attorneys’ fees, costs, and expenses under EAJA. Before filing a motion for
26
27
28

attorneys’ fees, costs, and expenses, Plaintiffs will meet and confer with Federal Defendants in a good
faith attempt to settle this issue. By entering into this Stipulation, Federal Defendants do not waive any
PARTIES’ STIPULATION AND [PROPOSED]
ORDER RE: DEADLINE FOR MOTION FOR
ATTORNEYS’ FEES, COSTS AND EXPENSES

3

Case No. 2:09-cv-2523-LKK-JFM

1
2

defenses as to whether Plaintiffs are entitled to any attorneys’ fees, costs or expenses in this case.
Respectfully submitted on September 12 , 2012.

3

IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division

4
5
6
7
8
9
10
11

/s/ David Bahr _____
David A. Bahr
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402

/s/ Jason Hill_________________
Jason A. Hill
John P. Tustin
Trial Attorneys
Natural Resources Section

Lisa T. Belenky
Center for Biological Diversity
351 California St., Suite 600
San Francisco, CA 94104

J. Brett Grosko
Trial Attorney
Wildlife and Marine Resources Section
Attorneys for Federal Defendants

12

14

Erik Schlenker-Goodrich
Western Environmental Law Center
P.O. Box 1507
Taos, NM 87571

15

Attorneys for Plaintiffs

13

/s/ Paul Turcke ________________
Paul A. Turcke
Moore Smith Buxton & Turcke
950 West Bannock Street, Suite 520
Boise, ID 83702

16

Attorney for Intervenor Defendants

17
18

_______________________________________________________

19

ORDER

20
21

Pursuant to the stipulation of the parties, Plaintiffs’ cost bill and attorney fee petition are due no

22

later than October 29, 2012, IT IS SO ORDERED.

23

Dated this 17th of September, 2012.

24
25
26
27
28
PARTIES’ STIPULATION AND [PROPOSED]
ORDER RE: DEADLINE FOR MOTION FOR
ATTORNEYS’ FEES, COSTS AND EXPENSES

4

Case No. 2:09-cv-2523-LKK-JFM