Conservation Congress v. United States Forest Service et al

Filing 153

ORDER signed by District Judge John A. Mendez on 6/19/2017 ORDERING the 151 Motion for Attorney Fees is STAYED. (Washington, S)

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STEVEN SUGARMAN, NM 5717 (pro hac vice)
347 County Road 55A
Cerrillos, NM 87010
[phone]
[e-mail]

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JAMES J. TUCHTON, Cal. 150908
6439 E. Maplewood Ave.
Centennial, CO 80111
[phone]
[e-mail]

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Attorneys for Plaintiff

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(Additional counsel listed on next page)

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CONSERVATION CONGRESS,

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Plaintiff,
v.
UNITED STATES FOREST SERVICE and
UNITED STATES FISH AND WILDLIFE
SERVICE,
Federal Defendants,

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and
TRINITY RIVER LUMBER CO.,
Defendant-Intervenor.

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No. 2:13-CV-01977-JAM-DB

JOINT STIPULATION AND ORDER
TO STAY PLAINTIFF’S MOTION
FOR ATTORNEY FEES AND
COSTS

Hon. John A. Mendez

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STIP. AND [PROPOSED] ORDER TO STAY PL.’S MOT. FOR ATT’Y’S FEES AND COSTS
Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB

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JEFFREY H. WOOD
Acting Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
TYLER L. BURGESS, DC 1025617
Natural Resources Section
PO Box 7611
Washington, DC 20044-7611
[phone]
[e-mail]
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
ANDREA GELATT, Cal. 262617
Wildlife & Marine Resources Section
PO Box 7611
Washington, DC 20044-7611
[phone]
[e-mail]

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Attorneys for Federal Defendants

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The parties now jointly stipulate to stay briefing of Plaintiff’s motion for attorney fees
and costs, which Plaintiff filed simultaneously with this stipulation. In support of this
stipulation, Plaintiff and Federal Defendants state as follows:

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1.

Plaintiff intends to seek an award of attorney’s fees and costs under the Equal

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Access to Justice Act (“EAJA”) and under the Endangered Species Act (“ESA”) citizen suit

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provision.

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2.

This Court entered judgment in this matter on May 30, 2017. ECF No. 142.

3.

Plaintiff noticed its appeal to the Ninth Circuit on May 31, 2017. ECF No. 143.

4.

Under Local Rule 293, “[m]otions for awards of attorneys’ fees to prevailing

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parties pursuant to statute shall be filed not later than twenty-eight (28) days after entry of final

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judgment.”

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STIP. AND [PROPOSED] ORDER TO STAY PL.’S MOT. FOR ATT’Y’S FEES AND COSTS
Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB

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5.

EAJA requires a party to file an application for fees and other expenses within 30

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days of an unappealable final judgment. 28 U.S.C. § 2412(d)(1)(B). A “final judgment” under

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EAJA is “a judgment that is final and not appealable.” Id. § 2412(d)(2)(G).

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6.

Under the ESA citizen suit provision, “[u]nless a statute or a court order provides

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otherwise,” an application for attorney’s fees and expenses must “be filed no later than 14 days
after the entry of judgment.” See Fed. R. Civ. P. 54(d)(2)(B)(i).
7.

Because Plaintiff has noticed an appeal, the Court’s May 30, 2017, Judgment is

not final for purposes of EAJA or the ESA citizen suit provisions.
8.

Plaintiff has filed its motion for attorney’s fees and costs in an abundance of

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caution to comply with the technical requirements of Local Rule 293.
9.

Federal Defendants oppose Plaintiff’s motion for attorney’s fees and costs and

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assert that Plaintiff’s motion is premature and Plaintiff should file a revised motion at the

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appropriate time.

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10.

It is within the Court’s power to stay briefing on Plaintiff’s motion to conserve the

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resources of the Court and the parties. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)

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(“[T]he power to stay proceedings is incidental to the power inherent in every court to control the

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disposition of the causes on its docket with economy of time and effort for itself, for counsel, and

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for litigants.”).

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For these reasons, and for good cause shown, the parties stipulate as follows and request
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that the Court approve this stipulation:
1.

Briefing on Plaintiff’s motion for attorney’s fees and costs is stayed and

all current deadlines are vacated.

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STIP. AND [PROPOSED] ORDER TO STAY PL.’S MOT. FOR ATT’Y’S FEES AND COSTS
Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB

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2.

Within fourteen (14) days of issuance of the Ninth Circuit’s mandate, or other

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resolution of the appellate proceedings in this case, the parties will submit a Joint Status Report

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to address further proceedings on Plaintiff’s motion for attorney’s fees and costs.

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Respectfully submitted this 16th day of June, 2017.
/s/ Steven Sugarman
STEVEN SUGARMAN, NM 5717
(pro hac vice)
347 County Road 55A
Cerrillos, NM 87010
[phone]
[e-mail]

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JAMES J. TUCHTON, Cal. 150908
6439 E. Maplewood Ave.
Centennial, CO 80111
[phone]
[e-mail]

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Attorneys for Plaintiff

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JEFFREY H. WOOD
Acting Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
/s/ Tyler L. Burgess (with permission on June
15, 2017)
TYLER L. BURGESS, DC 1025617
Trial Attorney
Natural Resources Section
PO Box 7611
Washington, DC 20044-7611
[phone]
[e-mail]
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
ANDREA GELATT, Cal. 262617
Trial Attorney
Wildlife & Marine Resources Section
PO Box 7611
Washington, DC 20044-7611
[phone]
[e-mail]

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JAMES L. ROSEN, Cal. 200064
Senior Counsel
Pacific Region
Office of the General Counsel
United States Department of Agriculture
630 Sansome St., Suite 1040
San Francisco, CA 94111
[phone]
[e-mail]

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Attorneys for Federal Defendants

STIP. AND [PROPOSED] ORDER TO STAY PL.’S MOT. FOR ATT’Y’S FEES AND COSTS
Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB

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The Court having considered the stipulation of the parties, IT IS SO ORDERED.

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Dated: 6/19/2017

/s/ John A. Mendez_____________
Hon. John A. Mendez
United States District Court Judge

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STIP. AND [PROPOSED] ORDER TO STAY PL.’S MOT. FOR ATT’Y’S FEES AND COSTS
Conservation Congress v. U.S. Forest Serv., No. 2:13-cv-01977-JAM-DB

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