Our Children's Earth Foundation et al v. National Marine Fisheries Service et al

Filing 81

Order by Hon. William H. Orrick granting (80) Motion for Extension of Time in case 3:14-cv-01130-WHO. Motion for fees and costs to be filed by 5/11/2016. Responses due by 5/25/2016. Replies due by 6/1/2016. Associated Cases: 3:14-cv-01130-WHO, 3:14-cv-04365-WHO, 3:15-cv-02558-WHO (jmdS, COURT STAFF) (Filed on 3/24/2016)

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Christopher Sproul (State Bar No. 126398)
Jodene Isaacs (State Bar No. 226895)
Environmental Advocates
5135 Anza Street
San Francisco, California 94121
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Michael A. Costa (Bar No. 219416)
3848 Sacramento St. #2
San Francisco, CA 94118
Telephone: [phone]
Email: [e-mail]
Patricia Weisselberg (Bar No. 253015)
Law Office of Patricia Weisselberg
115 Oakdale Avenue
Mill Valley, CA 94941
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
OUR CHILDREN'S EARTH FOUNDATION and
ECOLOGICAL RIGHTS FOUNDATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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OUR CHILDREN'S EARTH FOUNDATION, a
non-profit corporation, and ECOLOGICAL
RIGHTS FOUNDATION, a non-profit
corporation,
Plaintiffs,

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v.

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NATIONAL MARINE FISHERIES SERVICE,
PENNY PRITZKER, as Secretary of
Commerce, WILLIAM STELLE, as Regional
Administrator of the National Marine Fisheries
Service West Coast Region, UNITED STATES
ARMY CORPS OF ENGINEERS, and JOHN
MCHUGH, as Secretary of the Army,

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Defendants.
Case Nos. 14-cv-01130; 14-cv-04365; 15-cv-02558 WHO

Case No. 14-cv-01130 WHO
Case No. 14-cv-04365 WHO
Case No. 15-cv-02558 WHO

STIPULATION FOR BRIEFING
SCHEDULE ON ATTORNEYS FEE
MOTION AND ORDER

Pursuant to Civil Local Rules 6-2 and 54-5, Plaintiffs Our Children’s Earth Foundation and

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Ecological Rights Foundation (“Plaintiffs”), and Defendants National Marine Fisheries Service, Penny

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Pritzker as Secretary of Commerce, and William Stelle as Regional Administrator of the National

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Marine Fisheries Service West Coast (“Defendants”) hereby stipulate and respectfully request of the

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Court an order providing a briefing schedule and hearing date for Plaintiffs’ motion for attorneys’ fees

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and costs.
WHEREAS, on February 16, 2016, the Court entered the parties’ Stipulated Judgment in Related

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Cases (Dkt. # 79) and ordered the parties to meet and confer regarding Plaintiffs’ claim for attorneys’

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fees and costs in connection with the three related actions and report to the Court by March 25, 2016,

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regarding whether the parties have reached agreement or whether Plaintiffs’ attorneys fees and costs

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claim will be presented to the Court for consideration;
WHEREAS, the Parties previously requested and the Court granted an order providing Plaintiffs

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until April 15, 2016 to file their motion for attorney fees so the parties could continue settlement

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discussions;

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WHEREAS, the Parties are still presently engaged in settlement discussions which they mutually

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believe they need additional time to complete and hopefully avoid the expense and burden on the parties

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and their Court of additional litigation;
NOW THEREFORE, to allow the parties sufficient time to attempt to continue settlement

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discussions, the parties respectfully request that the Court enter the attached order providing Plaintiffs

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until May 11, 2016 to file their motion for fees and costs; providing Defendants until May 25, 2016 to

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file their opposition to Plaintiffs’ motion for fees and costs; providing Plaintiffs until June 1, 2016 to file

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their reply in support of their motion; and providing that the hearing on this matter be scheduled for

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June 15, 2016 at 2:00 p.m.

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Case Nos. 14-cv-01130; 14-cv-04365; 15-cv-02558 WHO

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Respectfully submitted this 23rd day of March, 2016.

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/s/Christopher Sproul
CHRISTOPHER SPROUL

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BRIAN J. STRETCH
Acting United States Attorney

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/s/ Robin M. Wall
ROBIN M. WALL
Assistant United States Attorney
Attorney for Defendants

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CERTIFICATION
Pursuant to Civil L.R. 5-1(i)(3), the undersigned hereby attests that counsel for Plaintiffs has

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concurred in the filing of this document.

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Dated: March 23, 2016

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/s/ Robin M. Wall
ROBIN M. WALL
Assistant United States Attorney
Attorney for Defendants

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Case Nos. 14-cv-01130; 14-cv-04365; 15-cv-02558 WHO

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ORDER

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The above STIPULATION FOR THE BRIEFING SCHEDULE ON ATTORNEYS FEE

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MOTION is GRANTED. Plaintiffs shall have until May 11, 2016 to file their motion for fees and costs.

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Defendants shall have until May 25, 2016 to file their opposition to said motion. Plaintiffs shall have

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until June 1, 2016 to file their reply brief. The hearing on such motion, if filed, shall be on June 15, 2016

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at 2:00 p.m.

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Dated: March 24, 2016

______________________________
HON. WILLIAM H. ORRICK

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Case Nos. 14-cv-01130; 14-cv-04365; 15-cv-02558 WHO

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