Conservation Congress v. United States Forest Service et al

Filing 203

FIFTH STIPULATION and ORDER signed by District Judge John A. Mendez on 1/15/2020 STAYING Briefing on Plaintiff's Motion for Attorney's Fees and until 1/22/2020. If the parties have not resolved the issue of fees and costs by 1/22/20, they shall jointly inform the Court and shall propose to the Court a schedule for briefing Plaintiff's Motion for Attorney Fees and Costs pursuant to Local Rule 293. (Mena-Sanchez, L)

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1 2 3 4 STEVEN SUGARMAN, NM 5717 (pro hac vice) 347 County Road 55A Cerrillos, NM 87010 (505) 672-5082 stevensugarman@hotmail.com 7 JAMES J. TUCHTON, Cal. 150908 6439 E. Maplewood Ave. Centennial, CO 80111 (720) 301-3843 jtutchtonlo@gmail.com 8 Attorneys for Plaintiff 9 (Additional counsel listed on next page) 5 6 10 11 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 CONSERVATION CONGRESS, 15 16 17 18 19 20 Plaintiff, v. UNITED STATES FOREST SERVICE and UNITED STATES FISH AND WILDLIFE SERVICE, Federal Defendants, 21 22 23 24 25 and TRINITY RIVER LUMBER CO., Defendant-Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:13-CV-01977-JAM-DB FIFTH JOINT STIPULATION AND ORDER TO STAY PLAINTIFF’S MOTION FOR ATTORNEY FEES AND COSTS Hon. John A. Mendez 26 27 28 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 1 1 2 JEAN E. WILLIAMS Deputy Assistant Attorney General United States Department of Justice Environment & Natural Resources Division 3 4 5 6 7 HAYLEY A. CARPENTER, CA Bar No. 312611 Natural Resources Section PO Box 7611 Washington, DC 20044-7611 (202) 305-0242 hayley.carpenter @usdoj.gov 8 11 SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief Wildlife & Marine Resources Section PO Box 7611 Washington, DC 20044-7611 12 Attorneys for Federal Defendants 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties now jointly stipulate to an additional 7 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 the Department of Justice to settle this matter for the agreed upon amount, as the procedure for securing this approval is lengthy. Federal Defendants have made substantial progress toward this approval, securing the approval of the Department of Agriculture and managers at the Department of Justice. However, Federal Defendants require one more week for Department of Justice officials to review the settlement recommendation. Counsel for Federal Defendants has recommended that the agreed upon amount be approved as a fair and final 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 2 1 settlement of the fee and cost issue in this matter and is working diligently to expedite the 2 approval process as quickly as she is able. As of yet, counsel for Federal Defendants is unaware 3 of any substantive problems with the fees settlement in this case—the parties seek this brief 4 extension merely to allow more time for the approval procedure. 5 The undersigned counsel for the Federal Defendant has conferred with the relevant 6 officials at the Department of Justice, and she expects a final decision on the settlement by no 7 later than January 22, 2020. 8 9 For these reasons, and for good cause shown, the parties stipulate as follows and request that the Court approve this stipulation: 10 1. Briefing on Plaintiff’s motion for attorney’s fees and costs is stayed until January 22, 11 2020. 2. If the parties have not resolved the issue of fees and costs by January 22, 2020, they 12 13 shall jointly inform the Court and shall propose to the Court a schedule for briefing 14 Plaintiff’s Motion for Attorney Fees and Costs pursuant to Local Rule 293. 15 Respectfully submitted this 15th day of December, 2020. 16 17 18 19 20 21 22 23 /s/ Steven Sugarman (with permission on January 15, 2020) STEVEN SUGARMAN, NM 5717 (pro hac vice) 347 County Road 55A Cerrillos, NM 87010 (505) 672-5082 stevensugarman@hotmail.com 26 JAMES J. TUCHTON, Cal. 150908 6439 E. Maplewood Ave. Centennial, CO 80111 (720) 301-3843 jtutchtonlo@gmail.com 27 Attorneys for Plaintiff 24 25 28 JEAN E. WILLIAMS Deputy Assistant Attorney General United States Department of Justice Environment & Natural Resources Division /s/ Hayley A. Carpenter___________ HAYLEY A. CARPENTER, CA Bar No. 312611 Trial Attorney Natural Resources Section PO Box 7611 Washington, DC 20044-7611 (202) 305-0242 hayley.carpenter@usdoj.gov SETH M. BARSKY, Chief S. JAY GOVINDAN, Assistant Chief Wildlife & Marine Resources Section PO Box 7611 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 3 Washington, DC 20044-7611 1 Attorneys for Federal Defendants 2 3 4 ORDER 5 The Court having considered the stipulation of the parties, IT IS SO ORDERED. 6 7 8 9 10 Dated: 1/15/2020 /s/ John A. Mendez_____________ Hon. John A. Mendez United States District Court Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4

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