South Yuba River Citizens League v. National Marine Fisheries Service, et al.

Filing 49

STIPULATION and ORDER 48 to file Motions signed by Chief Judge Morrison C. England, Jr. on 7/22/2014. Plaintiffs shall file Motion to Dismiss and their Motion for Attorneys' Fees & Costs by 9/19/2014. Plaintiffs will provide federal defendants with a copy of their native format Excel billing spreadsheets prior to or concurrently with filing of their Motion. Federal Defendants shall file their Opposition to plaintiffs' Motion for Attorneys' Fees & Costs by 10/10/2014. Plaintiffs shall file their Reply in support of their Motion for Attorneys' Fees & Costs by 10/23/2014. The Hearing for the Motion to Dismiss and Plaintiffs' Motion for Attorneys' Fees & Costs shall be noticed for 10/30/2014. (Marciel, M)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Christopher Sproul (Bar No. 126398)
Environmental Advocates
5135 Anza Street
San Francisco, California 94121
Telephone [phone]
Facsimile: [phone]
Email: [e-mail]
Brian Orion (Bar No. 239460)
Law Offices of Brian Orion
1156 Florida Street
San Francisco, CA 94110
Telephone: [phone]
Email: [e-mail]
Patricia Weisselberg (Bar No. 253015)
Law Office of Patricia Weisselberg
115 Oakdale Avenue
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
SOUTH YUBA RIVER CITIZENS LEAGUE
AND FRIENDS OF THE RIVER

16

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

17

E

18
19
20
21

SOUTH YUBA RIVER CITIZENS LEAGUE, et
al.,

Civil Case No.: 2:13-cv-00059-MCE-EFB

Plaintiffs,

STIPULATION AND ORDER FOR
MOTION TO DISMISS AND MOTION
FOR ATTORNEYS’ FEES BRIEFING
SCHEDULE

v.

22
23
24
25

NATIONAL MARINE FISHERIES SERVICE, et
al.,
Defendants.

26
27
28

STIPULATION FOR MOTION TO DISMISS AND MOTION
FOR ATTORNEYS FEES BRIEFING SCHEDULE

i

2:13-CV-00059-MCE-EFB

1

Pursuant to Local Rule 143 the following stipulation is entered into between Plaintiffs South

2

Yuba River Citizens League and Friends of the River (collectively "Plaintiffs") and National Marine

3

Fisheries Service ("NMFS"); U.S. Department of Commerce; Penny Pritzker as Secretary of Commerce;

4

William Stelle as Regional Administrator of the NMFS West Coast Region; the U.S. Army Corps of

5

Engineers ("Corps"); John McHugh as Secretary of the Army; and Colonel Michael Farrell, as District

6

Commander, Sacramento District (collectively "Federal Defendants").1

7

WHEREAS in the above captioned case, Plaintiffs sought relief and injunction against the Corps

8

and NMFS, raising claims relating to the February 2012 Biological Opinion for the Corps' operation and

9

maintenance of Englebright and Daguerre Point Dams on the Yuba River ("2012 BiOp"), issued by

10

NMFS pursuant to the Endangered Species Act (“ESA”);

11

WHEREAS on August 13, 2013, the Court granted a stay of proceedings while Federal

12

Defendants pursued an administrative process to develop a new biological opinion that would supersede

13

the 2012 BiOp;

14

WHEREAS on May 12, 2014 NMFS issued a new final biological opinion regarding Daguerre

15

Point Dam, and issued a final letter of concurrence concerning the Corps' activities at Englebright Dam;

16

WHEREAS on May 13, 2014 Federal Defendants filed with the Court a Notice of Completion of

17

ESA Consultation And Request For Status Conference that proposed that the Court direct the parties to

18

confer and jointly file a case management statement as to their positions regarding further proceedings

19

in this litigation;

20
21

WHEREAS counsel for the parties have conferred and have agreed to move for dismissal of
Plaintiffs' claims without prejudice;

22
23

WHEREAS Plaintiffs have also informed Federal Defendants of their intention to move for
attorneys fees and costs;

24

THEREFORE, by and through counsel, the parties do hereby stipulate to the following briefing

25
26
27
28

1

Penny Pritzker has replaced Rebecca M. Blank as Secretary of Commerce; William Stelle has replaced Rodney McInnis
and is Administrator of NMFS's newly created West Coast Region; and Colonel Michael Farrell has replaced Colonel
William J. Leady as District Commander of the Army Corps' Sacramento District.

STIPULATION FOR MOTION TO DISMISS AND MOTION
FOR ATTORNEYS FEES BRIEFING SCHEDULE

1

2:13-CV-00059-MCE-EFB

1
2

schedule for the motion to dismiss and Plaintiffs' motion for attorneys fees;
1.

Plaintiffs shall file the motion to dismiss and their motion for attorneys fees and costs by

3

September 19, 2014. Plaintiffs will provide Federal Defendants with a copy of their native format Excel

4

billing spreadsheets prior to or concurrently with the filing of their motion.

5
6

2.

Federal Defendants shall file their opposition to Plaintiffs' motion for attorneys fees and

costs by October 10, 2014.

7

3.

8

October 23, 2014.

9

4.

10

Plaintiffs shall file their reply in support of their motion for attorneys fees and costs by

The hearing for the motion to dismiss and Plaintiffs' motion for attorneys fees and costs

shall be noticed for October 30, 2014.

11
12
13

Dated: July 15, 2014

/s/ Patricia Weisselberg
Patricia Weisselberg
Attorney for Plaintiffs
South Yuba River Citizens League and
Friends of the River

14
15
16

SAM HIRSCH,
Acting Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Section Chief
S. JAY GOVINDAN, Assistant Chief

17
18
19
20
21
22
23
24
25
26

Dated: July 15, 2014

By permission: /s/ Daniel Pollak
Daniel Pollak
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
P.O. Box 7369, Ben Franklin Station
Washington, D.C. 20044-7611
Tel: [phone]
Fax: [phone]

27
28

STIPULATION FOR MOTION TO DISMISS AND MOTION
FOR ATTORNEYS FEES BRIEFING SCHEDULE

2

2:13-CV-00059-MCE-EFB

4

Bradley H. Oliphant, Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th St., South Terrace, Ste. 370
Denver, CO 80202
Tel: [phone]| Fax: [phone]

5

Attorneys for Federal Defendants

1
2
3

6
7

ORDER

8

The Court having read and considered the foregoing stipulation, and good cause appearing,

9
10
11

IT IS SO ORDERED.
Dated: July 22, 2014

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION FOR MOTION TO DISMISS AND MOTION
FOR ATTORNEYS FEES BRIEFING SCHEDULE

3

2:13-CV-00059-MCE-EFB