High Sierra Hikers Association v. United States Department of the Interior et al

Filing 139

STIPULATION AND ORDER TO REVISE BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 1/4/13. (cl, COURT STAFF) (Filed on 1/4/2013)

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1 2 3 4 5 6 MELINDA L. HAAG (CSBN 132612) United States Attorney ALEX TSE (CSBN 152348) Acting Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant U.S. Attorney Northern District of California 150 Almaden Blvd., Suite 900 San Jose, CA 95113 Telephone: (408) 535-5087 Facsimile: (408) 535-5081 Email: michael.t.pyle@usdoj.gov 7 13 IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division CHARLES R. SHOCKEY (D.C. Bar No. 914879) Trial Attorney, U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section 501 “I” Street, Suite 9-700 Sacramento, CA 95814-2322 Telephone: 916-930-2203 Facsimile: 916-930-2210 Email: charles.shockey@usdoj.gov 14 Attorneys for Defendants 8 9 10 11 12 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 HIGH SIERRA HIKERS ASSOCIATION, 20 21 22 Plaintiff, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., 23 Case No. CV-09-4621-RS J OINT STATUS REPORT AND STIPULATION TO REVISE BRIEFING SCHEDULE; PROPOSED ORDER J UDGE: HONORABLE RICHARD SEEBORG Defendants. 24 Courtroom: 3, 17th Floor 25 26 27 28 JOINT STATUS REPORT AND STIPULATION AND ORDER -- Case No.CV-09-4621-RS 1 2 The Plaintiff High Sierra Hikers Association and the Defendants, U.S. Department of the 3 Interior, et al., submit this joint status report and stipulation to advise the Court as to the status of 4 the ongoing settlement process with respect to the Plaintiff’s Motion for Attorneys’ Fees, Costs, 5 and Other Expenses. The settlement process is moving forward, and both parties believe that a 6 final settlement can be reached in the near future. As explained below, additional time is needed 7 to secure formal approval from federal officials in Washington, D.C. 8 9 10 WHEREAS, on October 26, 2012, the Plaintiff High Sierra Hikers Association filed a Motion for Attorneys’ Fees, Costs, and Other Expenses Pursuant to 28 U.S.C. § 2412, WHEREAS, Plaintiff and Defendants United States of the Interior, et al., have been 11 engaged in settlement discussions with respect to the Plaintiff’s motion and are optimistic that a 12 final settlement can be reached that would avoid the need for a hearing; 13 14 15 16 17 18 WHEREAS, the litigation counsel for both parties have reached agreement on the terms and conditions of a settlement agreement; WHEREAS, the Defendants require additional time to secure formal approval by senior officials in the Department of the Interior and Department of Justice; and WHEREAS, at Defendants’ request, the Court previously continued the date for the Defendants to file their opposition to the fee motion until January 10, 2013; 19 NOW THEREFORE, IT IS HEREBY STIPULATED and agreed between the Parties that: 20 1. The date for the Defendants to file their opposition to Plaintiff’s Motion shall be 21 continued by an additional 35 days, until February 14, 2013, to allow time for final review and 22 approval of the proposed settlement agreement negotiated by the parties. 23 24 25 2. The parties shall advise the Court of the status their settlement discussions in a joint status report to be filed on or before February 7, 2013. 3. The hearing on Plaintiff’s Motion is continued until a date to be set following the joint 26 status report on February 7, 2013. If settlement does not appear imminent at that time, the 27 parties will agree on a date for the Plaintiff’s Reply and request a hearing on Plaintiff’s Motion at 28 the next available date on the Court’s calendar. IT IS SO STIPULATED. JOINT STATUS REPORT AND STIPULATION AND ORDER -- Case No. CV-09-4621-RS 1 1 2 3 4 In addition to stipulating to the above, I, Charles R. Shockey, attest that concurrence in the filing of this Stipulation has been obtained from Barbara N. Barath, Attorney for Plaintiff. 5 6 Dated: January 4, 2013 BARBARA N. BARATH MORRISON & FOERSTER LLP 7 By: /s/ Barbara Barath [as authorized] Barbara Barath, Attorney for Plaintiff 8 9 Dated: January 4, 2013 CHARLES R. SHOCKEY U.S. DEPARTMENT OF JUSTICE 10 By: /s/ Charles R. Shockey Charles R. Shockey, Attorney for Defendants 11 [PROPOSED] ORDER 12 13 14 15 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. BY: 1/4/13 Dated: ______________________ HONORABLE RICHARD SEEBORG U.S. DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATUS REPORT AND STIPULATION AND ORDER -- Case No. CV-09-4621-RS 2

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