Center for Biological Diversity et al v. Salazar et al

Filing 53

STIPULATION AND ORDER RE: DEADLINE FOR MOTION FOR ATTYS' FEES - time extended to 3/5/12 to file any motion concerning an aware of attys' fees and costs. Signed by Judge Joseph C. Spero on 1/26/12. (klhS, COURT STAFF) (Filed on 1/30/2012)

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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 a further

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stipulation or motion concerning an award of attorneys’ fees and costs. Doc. 49 at 2.

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3.

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

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that they would attempt to reach agreement as to recovery of attorneys’ fees and costs and, absent

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such agreement, that Plaintiffs would file an application with the Court for the recovery of fees and

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costs within 60 days of the approval of the Order by the Court. Doc. 49 at 2.
4.

On December 5, 2011, the Court granted a stipulated request by the Parties and

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extended the deadline for Plaintiffs to file an application for recovery of fees and costs until

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February 3, 2012. Doc. 51.

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5.

Plaintiffs and Defendants have exchanged proposals for settlement of attorneys’ fees

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and costs, and at the staff level have reached an agreement in principle as to an amount for such

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settlement, pending approval by relevant officials at the Department of Justice and Department of

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the Interior. The Parties seek additional time to attempt to finalize this agreement without

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unnecessarily burdening the Court with briefing and argument on this matter.

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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 30 days (until March 5, 2012) the time for any

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motion concerning an award of attorneys’ fees and costs.

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DATED: January 26, 2012

Respectfully submitted,

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/s/ George M. Torgun (with permission)
DEBORAH S. REAMES
GEORGE M. TORGUN
Earthjustice
426 17th Street, 5th Floor
Oakland, CA 94612

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

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Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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

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/s/ Daniel Pollak
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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________________________________________
THE HONORABLE JOSEPH C. SPERO
UNITED STATES MAGISTRATE JUDGE
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DATED: Jan. 26, 2012

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PURSUANT TO STIPULATION, IT IS SO ORDERED. ES DISTRICT
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[PROPOSED] ORDER

UNIT
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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER RE: ATTORNEYS’ FEES – C 10-01501-JCS

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CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of January, 2012, I caused a copy of the foregoing to be
served on the counsel of record by means of the Court’s electronic filing system:

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Deborah S. Reames
[e-mail]
George M. Torgun
[e-mail]
Brendan R. Cummings
[e-mail]

/s/ Daniel Pollak
DANIEL POLLAK