The Sierra Club et al v. United States Environmental Protection Agency

Filing 76

ORDER by Magistrate Judge Maria-Elena James granting 75 Motion for Extension of Time to File (rmm2S, COURT STAFF) (Filed on 5/9/2014)

1
2
3
4
5
6
7
8
9
10

David A. Bahr (Oregon Bar No. 90199)
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]
[e-mail]
Elena Saxonhouse (California Bar. No. 235139)
Sierra Club Environmental Law Program
85 Second St., 2nd Floor
San Francisco, CA 94105
[phone]
[phone] (facsimile)
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

11
12
13

Case No. C-11-0846-MEJ

THE SIERRA CLUB and ENVIRONMENTAL
14 INTEGRITY PROJECT,

16

PLAINTIFFS’ UNOPPOSED MOTION TO
EXTEND THE DEADLINE FOR
ATTORNEY FEE PETITION AND COST
BILL; DECLARATION OF COUNSEL;
[PROPOSED] ORDER

Plaintiffs,

15
vs.

17 UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
18
Defendant.
19
20
21
22

Plaintiffs hereby move this Court for an order extending the bill of costs and attorney fee petition
deadlines by 21 days. An order granting the parties’ stipulated dismissal of all claims in this action, ex-

23

cept plaintiffs’ claims for costs and attorneys’ fees, was entered March 3, 2014 (dkt. # 72), establishing

24

the deadlines for both the bill of costs and fee petition as March 20, 2014. See L.R. 54-1(a), L.R. 54-5(a)

25

and F.R.Civ.P. 54(d). Subsequently, on March 12, 2014, the parties filed a Stipulation Extending Time

26
27
28

For Plaintiffs To File Petition For Costs And Attorney Fees. (Dkt. # 73). Later that same day, the Court
granted the stipulation and extended until May 19, 2014, the deadlines for both the bill of costs and fee
PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR ATTORNEY FEE
PETITION AND COST BILL; DECLARATION OF
COUNSEL; [PROPOSED] ORDER

1

1
2
3
4
5
6

petition. (Dkt. # 74).
Plaintiffs now move for an enlargement of time until June 9, 2014, in which to file attorney fee
petition and cost bill. This motion is supported by the Declaration of Counsel incorporated into this
document. Infra.
A district court's decision regarding an extension of time lies well within its discretion. United

7

States ex rel. Hawaiian Rock Prods. Corp. v. A.E. Lopez Enters., 74 F.3d 972, 976 (9th Cir.1996) (estab-

8

lishing that such a decision will not be disturbed absent an abuse of discretion).

9
10
11
12
13
14

For the following reasons, the Plaintiffs assert good cause exists to grant this request for an enlargement of time.
1.

On May 7, 2014, the undersigned counsel’s mother suffered a medical emergency that

appears to be a heart attack. She is currently in the Intensive Care Unit of West Valley Hospital
in Goodyear, Arizona. The undersigned is planning on going to Arizona to be with his mother

15

soon and will probably stay to help her whenever she is released from the hospital. Because of

16

the rapidly developing nature of these events, the undersigned is not sure how long he will be re-

17

quired to stay in Arizona to assist with his mother’s recovery. In addition to providing care and

18
19
20
21

support for his mother’s recuperation, the undersigned will also substitute for his mother’s role
as a caregiver for his niece and nephew (ages four and six, respectively) while his mother regains
her facilities. The time Plaintiffs’ counsel spends assisting his mother’s recovery will interfere

22

with his ability to develop and complete Plaintiffs’ petition for attorney fees and costs.

23

2.

24

has already been dismissed pursuant to a negotiated settlement agreement via the stipu-

25

lated dismissed mentioned above. Dkt. # 72.

26

3.

This request will not unreasonably delay final disposition of this case. The case

No party will be disadvantaged by this enlargement of time. If this motion is

27
28

granted, delay in resolution of the cost and attorney fee issue will not materially prejudice
PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR ATTORNEY FEE
PETITION AND COST BILL; DECLARATION OF
COUNSEL; [PROPOSED] ORDER

2

1

the resolution of substantive issues for any of the parties to this case.

2

4.

3

This is Plaintiffs’ second request for an enlargement of time to resolve the issues

of costs and attorney fees in this case.

4

5.

6

This request for enlargement is made in good faith and for no improper purpose.

6.

5

On May 8, 2014, undersigned counsel conferred by email and phone message

7

with Defendant’s counsel regarding this motion. On May 8, 2014, Defendant notified the

8

undersigned counsel that it does not oppose this request.

9

WHEREFORE, Plaintiffs respectfully requests the Court to enlarge Plaintiffs’ time to file their

10

attorney fee petition and cost bill until June 9, 2014.

11

Respectfully submitted for the Court’s consideration, this 9th day of May, 2014.

12
13

__s/ David Bahr__________________
David Bahr (Oregon Bar No. 901990)
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402
[phone]
[e-mail]

14
15
16
17
18

_____________________________________________________

19
20
21
22
23
24

DECLARATION OF COUNSEL
1.

My name is David Bahr. I am plaintiffs’ lead counsel in this case. This declaration is based on

my personal knowledge and experience.
2.

On May 7, 2014, the undersigned counsel’s mother suffered a medical emergency that appears to

25

be a heart attack. She is currently in the Intensive Care Unit of West Valley Hospital in Goodyear, Ari-

26

zona. I am planning on going to Arizona to be with my mother soon and will probably stay to help her

27

whenever she is released from the hospital. Because of the rapidly developing nature of these events, I

28
PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR ATTORNEY FEE
PETITION AND COST BILL; DECLARATION OF
COUNSEL; [PROPOSED] ORDER

3

1

am not sure how long I will be required to stay in Arizona to assist with my mother’s recovery. In addi-

2

tion to providing care and support for my mother’s recuperation, I will also substitute for my mother’s

3
4
5
6

role as a caregiver for my niece and nephew (ages four and six, respectively) while my mother regains
her facilities. The time I spend assisting my mother’s recovery will interfere with my ability to develop
and complete Plaintiffs’ petition for attorney fees and costs.

7

3.

8

and attorney fees in this case.

9

4.

This request for enlargement is made in good faith and for no improper purpose.

5.

On May 8, 2014, I conferred by email and phone message with Defendants’ counsel re-

10
11
12
13

garding this motion. On May 8, 2014, Defendants notified me, through its counsel, that it does
not oppose this request.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true

14
15

This is Plaintiffs’ second request for an enlargement of time to resolve the issues of costs

and correct.
Executed this 9th day of May, 2014, in Eugene, Oregon.

16

__s/ David Bahr__________________
David Bahr (Oregon Bar No. 901990)
Bahr Law Offices, P.C.
1035 ½ Monroe Street
Eugene, OR 97402

17
18
19
20
21
22

///

23

///

24

///

25

///

26

///

27

///

28
PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR ATTORNEY FEE
PETITION AND COST BILL; DECLARATION OF
COUNSEL; [PROPOSED] ORDER

4

1
2
3
4

[PROPOSED] ORDER
This Court, having considered Plaintiffs’ unopposed motion to extend the deadline for attorney
fee petition and cost bill, and after considering the moving papers, arguments of counsel, and all other
matters presented to the Court, HEREBY FINDS AND ORDERS THAT:

5
6

Plaintiffs’ attorney fee petition and cost bill shall be due no later than June 9, 2014.

7
8

9th
IT IS SO ORDERED, this _____ day of May, 2014.

9
10
11

______________________________________
MARIA-ELENA JAMES
Chief United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR ATTORNEY FEE
PETITION AND COST BILL; DECLARATION OF
COUNSEL; [PROPOSED] ORDER

5