Sierra Club et al v. Tahoe Regional Planning Agency et al

Filing 89

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/1/13: HEARING as to 80 Motion for Attorneys' Fees and Costs RESET for 2/24/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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TRENT W. ORR (State Bar No. 77656)
WENDY S. PARK (State Bar No. 237331)
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]; [e-mail]
Counsel for Plaintiffs Sierra Club and Friends
of the West Shore

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MICHAEL LOZEAU (State Bar No. 142893)
Lozeau Drury LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
[e-mail]

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Counsel for Plaintiff Friends of the West Shore

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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SIERRA CLUB and FRIENDS OF THE WEST )
SHORE,
)
)
Plaintiffs,
)
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vs.
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TAHOE REGIONAL PLANNING AGENCY, )
COUNTY OF PLACER, and BOARD OF
)
SUPERVISORS OF THE COUNTY OF
)
PLACER,
)
)
Defendants,
)
)
vs.
)
)
HOMEWOOD VILLAGE RESORTS, LLC and )
JMA VENTURES, LLC,
)
)
Defendants and
)
Real Parties in Interest.
)
)

Civ. No. 2:12-CV-00044-WBS-CKD

STIPULATION AND [PROPOSED] ORDER
TO RESCHEDULE PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES AND COSTS

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Stipulation & [Proposed] Order to Reschedule Pls.’ Mtn. for Attorney’s Fees – Case No. 2:12-CV-00044-WBS-CKD

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Plaintiffs Sierra Club and Friends of the West Shore (“Plaintiffs”) and Defendants Tahoe

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Regional Planning Agency (“TRPA”), County of Placer and Board of Supervisors of the County of

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Placer (collectively “County”), Homewood Village Resorts, LLC, and JMA Ventures, LLC

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(“Defendants”), through their undersigned attorneys, respectfully submit this Stipulation and

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[Proposed] Order to reset Plaintiffs’ hearing for their attorney’s fees and costs motion for February

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24, 2014. As grounds for this Stipulation and [Proposed] Order, Plaintiffs and Defendants state as

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follows:

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(1)

On January 4, 2013, this Court granted in part and denied in part Plaintiffs’ motion

for summary judgment and enjoined Defendants from constructing the Homewood Ski Area Master

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Ski Plan (“Project”), which would expand the Homewood Mountain Resort, in Homewood

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California on the west shore of Lake Tahoe. (Dkt. No. 69.)

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(2)

On March 27, 2013 Plaintiffs filed a motion for their attorney’s fees and costs in the

litigation. The motion was set for May 6, 2013.
(3)

Since that time, Plaintiffs and defendants Homewood Village Resorts, LLC and JMA

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Ventures, LLC (collectively “JMA”) have engaged in settlement negotiations to avoid further

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litigation over the Project and to resolve Plaintiffs’ attorney’s fees motion.

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(4)

To facilitate resolution of both the Project issues and the attorney’s fees motion in one

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settlement agreement, Plaintiffs have postponed the hearing date for the attorney’s fees motion

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several times. (See Dkt. Nos. 81, 83-87).

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(5)

On October 3, 2013, Plaintiffs filed their sixth amended notice of motion for

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attorney’s fees and costs, rescheduling the October 21 hearing on the motion for November 18,

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2013. (Dkt. No. 87.)

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(6)

Thereafter, the Court informed all parties by e-mail that any further continuances on

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the hearing date must be made by proper stipulation and proposed order, with a reason for the

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continuance stated in the stipulation.

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(7)

Plaintiffs and JMA have made significant progress in resolving the Project issues and

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Plaintiffs’ attorney’s fees and costs claims. Plaintiffs and JMA have reached agreement regarding

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the basic framework for settlement. The basic framework for settlement includes resolution of

Stipulation & [Proposed] Order to Reschedule Pls.’ Mtn. for Attorney’s Fees – Case No. 2:12-CV-00044-WBS-CKD

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Plaintiffs’ motion for an award of attorneys’ fees. Plaintiffs and JMA have worked diligently on

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drafting and negotiating a written agreement memorializing these terms. Plaintiffs and JMA need

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additional time to reach agreement on the written agreement. Plaintiffs and JMA are optimistic that

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they can reach agreement in the near term. If Plaintiffs and JMA reach agreement, a hearing on

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Plaintiffs’ fee motion will not be required.

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(8)

All parties agree that rescheduling the hearing for February 24, 2014 should allow the

parties sufficient time to complete settlement negotiations and finalize a settlement agreement.
(9)

The proposed rescheduling of the hearing date requested by this Stipulation and

[Proposed] Order will not prejudice any party and will promote the efficient use of judicial resources
and the resources of the parties.
For all of these reasons, Plaintiffs and Defendants respectfully request that this Court approve
the Stipulation through the [Proposed] Order below.

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DATED: October 31, 2013

Respectfully submitted,

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/s/ Wendy S. Park
TRENT W. ORR
WENDY S. PARK
Counsel for Plaintiffs Sierra Club and Friends of the
West Shore
MICHAEL LOZEAU
Counsel for Plaintiff Friends of the West Shore

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/s/ Andrew B. Sabey (authorized 10/31/13)
JOHN L. MARSHALL
Tahoe Regional Planning Agency

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ANDREW B. SABEY
SCOTT B. BIRKEY
Cox, Castle & Nicholson, LLP

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Counsel for Defendant Tahoe Regional Planning
Agency

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/s/ Karin E. Schwab (authorized 10/31/13)
VALERIE D. FLOOD
KARIN E. SCHWAB
Placer County Counsel’s Office

Stipulation & [Proposed] Order to Reschedule Pls.’ Mtn. for Attorney’s Fees – Case No. 2:12-CV-00044-WBS-CKD

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Counsel for Defendants County of Placer and Board of
Supervisors of the County of Placer

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/s/ Howard F. Wilkins III (authorized 10/31/13)
WHITMAN F. MANLEY
HOWARD F. WILKINS III
Remy Moose Manley, LLP

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Counsel for Defendants and Real Parties in Interest
Homewood Village Resorts, LLC and JMA Ventures,
LLC

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ORDER
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Good cause having been shown, the Stipulation is approved. Plaintiffs’ motion for attorney’s

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fees and costs is reset for February 24, 2014 at 2:00 p.m.
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IT IS SO ORDERED.
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Dated: November 1, 2013

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Stipulation & [Proposed] Order to Reschedule Pls.’ Mtn. for Attorney’s Fees – Case No. 2:12-CV-00044-WBS-CKD

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