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

Filing 138

ORDER signed by Judge Lawrence K. Karlton on 7/26/2013 STAYING 118 Application for Fees and Costs until 9/5/2013; ORDERING the parties to submit a proposed schedule for briefing the fee petition if no agreement appears forthcoming. (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]
Attorneys for Plaintiffs
ROBERT G. DREHER
Acting 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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3 CENTER FOR SIERRA NEVADA
CONSERVATION, CENTER FOR BIOLOGICAL
4 DIVERSITY, and FOREST ISSUES GROUP,
non-profit corporations,
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Plaintiffs,
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vs.
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RAMIRO VILLALVAZO, in his official capacity
8 as Forest Supervisor for the Eldorado National
Forest, UNITED STATES FOREST SERVICE,
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Case No. 2:09-cv-2523-LKK-JFM

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

Defendants,
and

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

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Whereas by order dated April 26, 2013, the Court stayed briefing on Plaintiffs’ petition for costs
and attorney fees until July 25, 2013, by which time the Parties were to advise the Court on the status of

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the their settlement discussions. Dkt. No. 136;
Whereas Plaintiffs and Federal Defendants have engaged in substantive good-faith discussions
attempting to negotiate a settlement of the issue of costs and attorney fees;
Whereas Plaintiffs and Federal Defendants have identified terms for an agreement in principle
that resolves Plaintiffs’ claim for costs and attorney fees and drafted a proposed agreement;
Whereas the proposed agreement remains subject to the review and approval by the appropriate

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supervisory officials at the Department of Justice and Department of Agriculture;
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Whereas the Federal Defendants estimate that it will take approximately six additional weeks to
complete the review and gain approval of the proposed agreement by the appropriate supervisory

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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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officials at the Department of Justice and Department of Agriculture;
Whereas Defendant-Intervenors have not participated in the negotiations, and thus have not
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 until September 5, 2013, the deadline for Plaintiffs to file a motion for attorneys’

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fees, costs, and other expenses. 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, Federal Defendants do not waive

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

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Respectfully submitted on July 25, 2013.
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ROBERT G. DREHER
Acting 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/ 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

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Attorneys for Federal Defendants
Erik Schlenker-Goodrich
Western Environmental Law Center
P.O. Box 1507
Taos, NM 87571
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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until September 5, 2013. 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 26th of July, 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