Communities for a Better Environment et al v. United States Environmental Protection Agency et al

Filing 48

ORDER Granting 47 Stipulation re Motion. Signed by Judge Jeffrey S. White on December 12, 2008. (jswlc1, COURT STAFF) (Filed on 12/12/2008)

Case 3:07-cv-03678-JSW

Document 47

Filed 12/12/2008

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JOSEPH P. RUSSONIELLO United States Attorney CHARLES M. O'CONNOR (CA State Bar No. 56320) Assistant United States Attorney 450 Golden Gate Ave., 10th Floor San Francisco, California 94102 Tel: [phone] RONALD J. TENPAS Assistant Attorney General Environmental and Natural Resources Division MARTHA C. MANN (Fla. Bar No. 155950) Trial Attorney U.S. Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Tel: [phone] Fax: [phone] Email: [e-mail] ATTORNEYS FOR DEFENDANTS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) ) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and STEPHEN ) L. JOHNSON, Administrator of the United ) ) States Environmental Protection Agency, ) ) Defendants. ) ______________________________________) COMMUNITIES FOR A BETTER ENVIRONMENT, ROCKY MOUNTAIN CLEAN AIR ACTION, COALITION FOR A SAFE ENVIRONMENT, and PHYSICIANS FOR SOCIAL RESPONSIBILITY-LOS ANGELES,

Case No. C 07-3678 JSW

SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION TO SUBMIT MOTION FOR ATTORNEY'S FEES

SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION TO SUBMIT MOTION FOR ATTORNEY'S FEES

Case No. 07-03678 JSW

Case 3:07-cv-03678-JSW

Document 47

Filed 12/12/2008

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This stipulation is entered into by Plaintiffs, Communities for a Better Environment, Rocky Mountain Clean Air Action, Coalition for a Safe Environment, and Physicians for Social Responsibility-Los Angeles, and Defendants, the United States Environmental Protection Agency and Stephen L. Johnson, in consideration of the following facts: 1. 2. The Court entered Judgment on November 24, 2008. Dkt. #44. Pursuant to Local Rule 54-6, any motion for attorney's fees must be filed within 14

days of the entry of Judgment. 3. On December 1, 2008, the Court entered an order, pursuant to a stipulation by the

Parties, extending the time to file a Motion for Attorney's fees until December 22, 2008. Dkt. # 46. 4. The Parties agree that there is good cause for a second extension of time for filing a

Motion for Attorney's Fees until January 26, 2008. The Parties have agreed on a tentative settlement, and are drafting a settlement agreement. Counsel for the Parties plan to coordinate the finalization of the settlement during the holidays and presidential transition, and agree that an extension of an additional 35 days will be sufficient to complete the settlement process. NOW, THEREFORE, pursuant to Local Rules 6-2 and 7-12, by and through their undersigned counsel, the Parties hereby stipulate to the entry of an order extending Plaintiff's time up to and including Monday, January 26, 2009, to file a Motion for Attorney's Fees.

Respectfully submitted, Dated: December 12, 2008 /s/ Robert S. Ukeiley ROBERT S. UKEILEY (State Bar No. 90056) Pro Hac Vice Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Telephone: [phone] Facsimile: [phone] Email: [e-mail] SHANA D.G. LAZEROW (State Bar No. 195491) Communities for a Better Environment 1440 Broadway Suite 701 Oakland, California 94612
SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION 2 TO SUBMIT MOTION FOR ATTORNEY'S FEES

Case No. 07-03678 JSW

Case 3:07-cv-03678-JSW

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Filed 12/12/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 December DATED: __________12, 2008 Dated: December 12, 2008

Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Plaintiffs

RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division /s/ Martha C. Mann MARTHA C. MANN (Fla. Bar No. 155950) Trial Attorney United States Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED.

__________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION 3 TO SUBMIT MOTION FOR ATTORNEY'S FEES

Case No. 07-03678 JSW