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)

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:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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:
[e-mail]

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