Association of Irritated Residents et al v. United States Environmental Protection Agency et al

Filing 23

STIPULATION AND ORDER EXTENDING TIME TO FILE BILL OF COSTS AND MOTION FOR ATTORNEYS FEES. Signed by Judge Samuel Conti on 10/31/08. (tdm, COURT STAFF) (Filed on 10/31/2008)

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BRENT NEWELL SBN 210,312 LUKE W. COLE SBN 145,505 SOFIA L. SARABIA SBN 221,379 CENTER ON RACE, POVERTY & THE ENVIRONMENT 47 Kearny Street, Suite 804 San Francisco, CA 94108 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff Association of Irritated Residents DAVID PETTIT SBN 67,128 MELISSA LIN PERRELLA SBN 205,019 ADRIANO MARTINEZ SBN 237,152 NATURAL RESOURCES DEFENSE COUNCIL 1314 Second Street Santa Monica, CA 90401 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff Natural Resources Defense Council, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Civil Case No. C 08-00227 SC ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, and NATURAL RESOURCES DEFENSE COUNCIL, INC., Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, STEPHEN L. JOHNSON, in his official capacity as Administrator of the United States Environmental Protection Agency, and WAYNE NASTRI, in his official capacity as Regional Administrator for Region IX of the United States Environmental Protection Agency, Defendants. STIPULATION TO THE ENTRY OF AN ORDER EXTENDING TIME TO FILE BILL OF COSTS AND MOTION FOR ATTORNEYS' FEES

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WHEREAS, on January 14, 2008, the Association of Irritated Residents and the Natural Resources Defense Council, Inc., (collectively, "AIR") filed the complaint in the abovecaptioned matter against the United States Environmental Protection Agency; Stephen L. Johnson, in his official capacity as Administrator of the United States Environmental Protection Agency; and Wayne Nastri, in his official capacity as Administrator for Region IX of the United States Environmental Protection Agency (collectively, "EPA" or "Defendants"), alleging that EPA has failed to undertake certain nondiscretionary duties under section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2); WHEREAS, this Court entered a Consent Decree on September 12, 2008 (Document

WHEREAS, paragraph 12 of the Consent Decree allows AIR to file a bill of costs pursuant to Local Rule 54-1 and a motion for costs of litigation, including reasonable attorneys' fees, pursuant to 42 U.S.C. § 7604(d) and Local Rule 54-6, within 60 days after entry of the Consent Decree; WHEREAS, AIR and EPA have made significant progress towards settling the amount of costs and attorneys' fees and require additional time to complete a settlement prior to the November 11, 2008 deadline for AIR to file a bill of costs and motion for attorneys' fees; WHEREAS, AIR and EPA seek to conserve litigant and judicial resources and believe that a 45-day extension will allow the parties to resolve costs and fees without placing a burden on the Court; NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate to the entry of an order that: 1. Continues the deadline for AIR to file a bill of costs pursuant to Local Rule 54-1

and a motion for costs of litigation, including reasonable attorneys' fees, pursuant to Local Rule 26 27 28 54-6, for an additional 45 days from November 11, 2008 to December 26, 2008. /// /// 2

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COUNSEL FOR PLAINTIFFS: Dated: October 30, 2008 /s/ Sofia L. Sarabia SOFIA L. SARABIA Center On Race, Poverty & the Environment 47 Kearney Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Counsel for Plaintiff Association of Irritated Residents /s/ Adriano Martinez ADRIANO MARTINEZ Natural Resources Defense Council 1314 Second Street Santa Monica, CA 90401 Phone: [phone] Email: [e-mail] Counsel for Natural Resources Defense Council

Dated:

October 30, 2008

COUNSEL FOR DEFENDANTS: Dated: October 30, 2008 RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL Trial Attorney, U.S. Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Tel: [phone] Email: [e-mail] Counsel for Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED.
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October 31, 2008 Dated: _________________

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___________________IT __SO__RDER ___ __IS __ O ____ Hon. Samuel Conti Senior Judge nti United States District Courtudge Samuel Co J
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