Conservation Congress v. United States Forest Service et al

Filing 201

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/06/19 STAYING Plaintiff's motion for attorneys fees and costs until 01/15/20. If the parties have not resolved the issue of fees and costs by 01/15/20, they shall jointly inform the Court and shall propose to the Court a schedule for briefing Plaintiff's Motion for Attorney Fees and Costs. (Benson, A.)

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

CONSERVATION CONGRESS,
Plaintiff,
v.
UNITED STATES FOREST SERVICE and
UNITED STATES FISH AND WILDLIFE
SERVICE,
Federal Defendants,
and
TRINITY RIVER LUMBER CO.,
Defendant-Intervenor.

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No. 2:13-CV-01977-JAM-DB
FOURTH
JOINT STIPULATION AND ORDER
TO STAY PLAINTIFF’S MOTION
FOR ATTORNEY FEES AND
COSTS

Hon. John A. Mendez

The parties now jointly stipulate to an additional 30 day stay on the briefing of Plaintiff’s
motion for attorney fees and costs. In support of this stipulation, the parties represent to the
Court that they have negotiated in good faith with respect to the appropriate amount of attorney
fees and costs to be paid in this action. On November 20, 2019, the undersigned counsel reached
agreement as to the appropriate amount to be recommended to deciding officials at the U.S.
Department of Justice and U.S. Department of Agriculture.
At the time that the undersigned counsel reached agreement on November 20, 2019,
counsel for Plaintiff Conservation Congress had authority to settle the fee and cost issue for the
agreed upon amount. However, counsel for the Federal Defendants requires additional
authorizations from both the Department of Justice and the Department of Agriculture to settle
this matter for the agreed upon amount, as the procedure for securing this approval is lengthy.
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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Counsel for Federal Defendants has recommended that the agreed upon amount be approved as a
fair and final settlement of the fee and cost issue in this matter and is working diligently to
expedite the approval process as quickly as she is able.
The undersigned counsel for the Federal Defendant has conferred with the Department of
Justice and the Department of Agriculture, and given the intervening holidays and the realities of
the approval process, she expects a final decision on the settlement by no later than January 15,
2020.
For these reasons, and for good cause shown, the parties stipulate as follows and request
that the Court approve this stipulation:
1. Briefing on Plaintiff’s motion for attorney’s fees and costs is stayed until January 15,
2020.
2. If the parties have not resolved the issue of fees and costs by January 15, 2020, they
shall jointly inform the Court and shall propose to the Court a schedule for briefing
Plaintiff’s Motion for Attorney Fees and Costs pursuant to Local Rule 293.
Respectfully submitted this 5th day of December, 2019.
/s/ Steven Sugarman
STEVEN SUGARMAN, NM 5717
(pro hac vice)
347 County Road 55A
Cerrillos, NM 87010
[phone]
[e-mail]
JAMES J. TUCHTON, Cal. 150908
6439 E. Maplewood Ave.
Centennial, CO 80111
[phone]
[e-mail]
Attorneys for Plaintiff

JEAN E. WILLIAMS
Deputy Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
/s/Hayley A. Carpenter (with permission on
December 4, 2019)
HAYLEY A. CARPENTER, CA Bar No.
312611
Trial Attorney
Natural Resources Section
PO Box 7611
Washington, DC 20044-7611
[phone]
[e-mail]
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief

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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Wildlife & Marine Resources Section
PO Box 7611
Washington, DC 20044-7611
Attorneys for Federal Defendants

ORDER

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

Dated: December 6, 2019

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

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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