Center for Biological Diversity et al v. Salazar et al

Filing 51

STIPULATION AND ORDER RE: DEADLINE FOR MOTION FOR ATTORNEYS' FEES. Signed by Judge Joseph C. Spero on 12/2/11. (klh, COURT STAFF) (Filed on 12/5/2011)

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DEBORAH S. REAMES, State Bar No. 117257
[e-mail]
GEORGE M. TORGUN, State Bar No. 222085
[e-mail]
Earthjustice
426 17th Street, 5th Floor
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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BRENDAN R. CUMMINGS, State Bar. No. 193952
P.O. Box 549
Joshua Tree, CA 92252
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff Center for Biological Diversity

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IGNACIA S. MORENO, Assistant Attorney General
SETH M. BARSKY, Chief
DANIEL J. POLLAK, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Wildlife and Marine Resources Section
Ben Franklin Station, P.O. Box 7369
Washington, D.C. 20044-7369
[phone] (tel)
[phone] (fax)

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Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
CENTER FOR BIOLOGICAL DIVERSITY, et al., )
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Plaintiffs,
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v.
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KEN SALAZAR, in his official capacity as
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Secretary of the Interior, et al.,
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Defendants.
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Case No: C 10-01501 JCS
PARTIES’ STIPULATION AND
[PROPOSED] ORDER RE: DEADLINE
FOR MOTION FOR ATTORNEYS’ FEES

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STIPULATION AND [PROPOSED] ORDER RE: ATTORNEYS’ FEES – C 10-01501-JCS

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WHEREAS, in the above-captioned case:

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1.

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2011 (Doc. 49).

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2.

A joint Stipulation of Dismissal and Order was entered by the Court on October 6,

In the Stipulation of Dismissal and Order, the Plaintiffs and Defendants agreed that,

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notwithstanding dismissal of this action, the Court retains jurisdiction to consider any stipulation or

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motion concerning an award of costs and attorneys’ fees pursuant to section 11(g)(4) of the

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Endangered Species Act (“ESA”), 16 U.S.C. § 1540(g)(4). Doc. 49 at 2.

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3.

In the Stipulation of Dismissal and Order, the Plaintiffs and Defendants also stated

that they would attempt to reach agreement as to fee recovery and, absent such agreement, that

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Plaintiffs would file an application with the Court for the recovery of fees and costs within 60 days

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of the approval of the Order by the Court. Doc. 49 at 2. Based on the date of entry of the Order, the

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60-day deadline would fall on December 5, 2011.

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4.

Plaintiffs have presented Defendants with a confidential request to settle their claim

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for attorneys’ fees and costs, which includes the amount sought to date, an itemized statement of the

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actual time expended by attorneys representing or appearing on behalf of the Plaintiffs, and the rates

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at which fees and other expenses were computed. However, discussions regarding Plaintiffs’ request

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are ongoing, and Plaintiffs and Defendants seek additional time to attempt to settle Plaintiffs’ claim

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without unnecessarily burdening the Court. Plaintiffs and Defendants agree that briefing and

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argument on Plaintiffs’ claim for attorneys’ fees and costs may be unnecessary in light of the parties’

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intent to attempt to settle this claim.

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5.

Other than as described above, Plaintiffs and Defendants have not previously sought

an extension of time for briefing on Plaintiffs’ claim for attorneys’ fees and costs.
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Accordingly, pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs and Defendants

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hereby stipulate and request that the Court extend for 60 days the time for any motion concerning an

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award of attorneys’ fees and costs pursuant to ESA section 11(g)(4), or until February 3, 2012.

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STIPULATION AND [PROPOSED] ORDER RE: ATTORNEYS’ FEES – C 10-01501-JCS

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DATED: December 1, 2011

Respectfully submitted,

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/s/ George M. Torgun
DEBORAH S. REAMES
GEORGE M. TORGUN
Earthjustice
426 17th Street, 5th Floor
Oakland, CA 94612
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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IGNACIA S. MORENO,
Assistant Attorney General
SETH M. BARSKY, Chief

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/s/ Daniel Pollak (as authorized 12/1/11)
DANIEL POLLAK (Cal. Bar # 264285)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station
P.O. Box 7369
Washington, DC 20044-7369
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Federal Defendants

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STIPULATION AND [PROPOSED] ORDER RE: ATTORNEYS’ FEES – C 10-01501-JCS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________________
THE HONORABLE JOSEPH C. SPERO
UNITED STATES MAGISTRATE JUDGE
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DATED: 12/2/11

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[PROPOSED] ORDER

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STIPULATION AND [PROPOSED] ORDER RE: ATTORNEYS’ FEES – C 10-01501-JCS

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