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

Filing 91

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/10/14: Plaintiffs' motion for attorney's fees and costs is stayed until August 4, 2014. The February 24, 2014 hearing date is vacated. (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,
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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
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PLACER,
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Defendants,
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vs.
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HOMEWOOD VILLAGE RESORTS, LLC and )
JMA VENTURES, LLC,
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Defendants and
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Real Parties in Interest.
)
)

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

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

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Stipulation & [Proposed] Order to Stay 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 stay Plaintiffs’ hearing for their attorney’s fees and costs motion currently set

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for February 24, 2014 until August 4, 2014. As grounds for this Stipulation and [Proposed] Order,

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Plaintiffs and Defendants state as 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 a

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number of times. (See Dkt. Nos. 81, 83-88).

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(5)

On January 27, 2014, JMA and plaintiffs entered into a settlement agreement

regarding the project (“project settlement agreement”).
(6)

Because the County could not be a party to the project settlement agreement, the

parties decided to enter into a separate “side agreement” settling plaintiffs’ costs and fees claims.
(6)

JMA, the County, and Plaintiffs have drafted the side agreement, but need additional

time to finalize the agreement and obtain all parties’ signatures to the agreement.
(7)

The side agreement will require JMA to pay plaintiffs $275,000 on or before July 26,

2014, after which all parties would be released from plaintiffs’ claims for attorney’s fees and costs

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

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and plaintiffs would be required to withdraw the pending attorney’s fees motion within seven days

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of receiving payment.

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(8)

The agreement contemplates that if JMA does not make the required payment by this

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date, the parties will not be released from plaintiffs’ claims for attorney’s fees and costs, and

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plaintiffs would be able to proceed with their attorney’s fees motion.

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(9)

All parties agree that staying the motion until August 4, 2014 would allow sufficient

time to finalize the side agreement and fulfill the terms of the side agreement.
(10)

The proposed stay of the motion 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.
DATED: February 10, 2014

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
/s/ Andrew B. Sabey (authorized 2/10/14)
JOHN L. MARSHALL
Tahoe Regional Planning Agency
ANDREW B. SABEY
SCOTT B. BIRKEY
Cox, Castle & Nicholson, LLP
Counsel for Defendant Tahoe Regional Planning
Agency
/s/ Karin E. Schwab (authorized 2/10/14)
VALERIE D. FLOOD
KARIN E. SCHWAB
Placer County Counsel’s Office

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Stipulation & [Proposed] Order to Stay 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 2/10/14)
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 stayed until August 4, 2014. The February 24, 2014 hearing date is vacated. If

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Plaintiffs’ motion for attorney’s fees and costs is not withdrawn by this date, Plaintiffs will be

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allowed to re-notice their motion for attorney’s fees and costs for a new hearing date.

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IT IS SO ORDERED.
Dated: February 10, 2014

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

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