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

Filing 134

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/27/2013 STAYING Plaintiffs' 118 Motion for Attorney Fees and Costs until 4/26/2013; ORDERING the parties to advise the Court on the status of their settlement discussions by 4/26/2013. (Michel, G)

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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]

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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:
202-514-1024 (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
CONSERVATION, CENTER FOR
BIOLOGICAL DIVERSITY, and FOREST
ISSUES GROUP, non-profit corporations,

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Plaintiffs,
vs.
RAMIRO VILLALVAZO, in his official
capacity as Forest Supervisor for the
Eldorado National Forest, UNITED STATES
FOREST SERVICE,

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

Federal Defendants,

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

and
CALIFORNIA ASSOC. OF 4 WHEEL
DRIVE CLUBS, et al.,

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Defendant-Intervenors.

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Whereas by order dated January 2, 2013, the Court stayed briefing on Plaintiffs’ petition for costs
and attorneys’ fees until February 26, 2013, by which time the Parties were to advise the Court on the

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status of the their settlement discussions. Dkt. No. 132;

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Whereas Plaintiffs and Federal Defendants have continued to engage in substantive good-faith
discussions attempting to negotiate a settlement of the issue of costs and attorneys’ fees;
Whereas as a result of these discussions, the Plaintiffs and Federal Defendants have made
substantive progress toward reaching a settlement;
Whereas Plaintiffs and Federal Defendants desire more time to explore settlement of the costs and
attorneys’ fees;

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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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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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enter an order staying through April 26, 2013, the deadline for Plaintiffs to file a motion for attorneys’

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fees and costs, 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

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briefing the fee petition. By entering into this Stipulation, Federal Defendants do not waive any defenses

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as to whether Plaintiffs are entitled to any attorneys’ fees, costs or expenses in this case.

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Respectfully submitted on February 26, 2013.

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IGNACIA S. MORENO

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Assistant Attorney General
Environment and Natural Resources Division

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/s/ David A. Bahr (with permission)
_____________________________
David A. Bahr
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402

/s/ J. Brett Grosko
____________________
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

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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

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This matter having come before the Court upon Plaintiffs’ and Federal Defendants’ stipulation

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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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until April 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.
Dated this 27th of February, 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