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

Filing 132

STIPULATION and ORDER 131 signed by Judge Lawrence K. Karlton on 1/2/13; IT IS HEREBY ORDERED that briefing on Plaintiffs' application for fees and costs is stayed for 60 days until February 26, 2013, at which time the Parties will advise the Court on the status of the their settlement discussions. If no agreement appears forthcoming, the Parties will submit a proposed schedule for briefing the fee petition.(Matson, R)

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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

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PLAINTIFFS’ AND FEDERAL DEFENDANTS’
STIPULATION AND [PROPOSED] ORDER
REGARDING THE DEADLINE FOR MOTION
FOR ATTORNEYS’ FEES AND COSTS

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

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

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CENTER FOR SIERRA NEVADA
Case No. 2:09-cv-2523-LKK-JFM
4 CONSERVATION, CENTER FOR BIOLOGICAL
DIVERSITY, and FOREST ISSUES GROUP,
5 non-profit corporations,
PLAINTIFFS’ AND FEDERAL
DEFENDANTS’ STIPULATION AND ORDER
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Plaintiffs,
REGARDING THE DEADLINE FOR MOTION
vs.
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FOR ATTORNEYS’ FEES AND COSTS
8 RAMIRO VILLALVAZO, in his official capacity
as Forest Supervisor for the Eldorado National
9 Forest, UNITED STATES FOREST SERVICE,
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Defendants,
and

12 CALIFORNIA ASSOC. OF 4 WHEEL DRIVE
CLUBS, et al.,
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Defendant-Intervenors.

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Whereas by order dated November 5, 2012, the Court stayed briefing on Plaintiffs’ petition for

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costs and attorney fees until December 28, 2012 by which time the Parties are to advise the Court on the

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status of the their settlement discussions. Dkt. No. 130;

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Whereas Plaintiffs and Federal Defendants have engaged in substantive good-faith discussions

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attempting to negotiate a settlement of the issue of costs and attorney fees;
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Whereas Plaintiffs and Federal Defendants desire more time to explore settlement of the cost and
attorney fee issue;
Whereas Defendant-Intervenors have not participated in the negotiations, and thus have not

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formed a position but have been consulted regarding this stipulation and do not oppose any request that

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the primary parties continue negotiations;

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Accordingly, Plaintiffs and Federal Defendants stipulate and agree, and request that the Court
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PLAINTIFFS’ AND FEDERAL DEFENDANTS’
STIPULATION AND [PROPOSED] ORDER
REGARDING THE DEADLINE FOR MOTION
FOR ATTORNEYS’ FEES AND COSTS

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

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enter an order staying for 60 days, until February 26, 2013, the deadline for Plaintiffs to file a motion for

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attorneys’ fees, costs, and other expenses at which time the Parties will advise the Court on the status of

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the their settlement discussions. If no agreement appears forthcoming, the Parties will submit a proposed

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schedule for briefing the fee petition. By entering into this Stipulation, Defendants do not waive any
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defenses as to whether Plaintiffs are entitled to any attorneys’ fees, costs or expenses in this case.
Respectfully submitted on December 27, 2012.

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

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

_/s/ John P. Tustin ___
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

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

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Attorneys for Plaintiffs

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PLAINTIFFS’ AND FEDERAL DEFENDANTS’
STIPULATION AND [PROPOSED] ORDER
REGARDING THE DEADLINE FOR MOTION
FOR ATTORNEYS’ FEES AND COSTS

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

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ORDER
This matter having come before the Court upon Plaintiffs’ and Federal Defendants’ stipulation
and proposed order regarding the deadline for motion for attorneys’ fees and costs, and the Court being

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fully advised in the premises and good cause appearing;
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IT IS HEREBY ORDERED that briefing on Plaintiffs’ application for fees and costs is stayed

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for 60 days until February 26, 2013, at which time the Parties will advise the Court on the status of the

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their settlement discussions. If no agreement appears forthcoming, the Parties will submit a proposed

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schedule for briefing the fee petition.

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Dated this 2nd of January 2013.

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PLAINTIFFS’ AND FEDERAL DEFENDANTS’
STIPULATION AND [PROPOSED] ORDER
REGARDING THE DEADLINE FOR MOTION
FOR ATTORNEYS’ FEES AND COSTS

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