Sierra Club et al v. McCarthy

Filing 44

ORDER by Judge Haywood S. Gilliam, Jr. Granting 43 Stipulation To Enlarge Time for Requesting Attorneys' Fees and Costs.(ndrS, COURT STAFF) (Filed on 3/22/2016)

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PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
Tel: [phone]
Fax: [phone]
NICHOLAS MORALES, Admitted Pro Hac Vice
EMMA C. CHEUSE, Admitted Pro Hac Vice
Earthjustice
1625 Massachusetts Ave., NW, Ste. 702
Washington, DC 20036
[e-mail], [e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs Sierra Club and
California Communities Against Toxics
[additional counsel listed in signature block]

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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SIERRA CLUB and CALIFORNIA
COMMUNITIES AGAINST TOXICS,

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Plaintiffs,
v.
GINA McCARTHY, in her official capacity as
Administrator of the United States Environmental
Protection Agency,
Defendant.

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Case No: 3:15-cv-01165-HSG
PLAINTIFFS’ AND DEFENDANT’S
STIPULATION TO ENLARGE TIME FOR
REQUESTING ATTORNEYS’ FEES AND
COSTS

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PLAINTIFFS’ AND DEFENDANT’S STIPULATION TO ENLARGE TIME FOR REQUESTING ATTORNEYS’
FEES AND COSTS
CASE NO. 3:15-cv-01165-HSG

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STIPULATION
Pursuant to Civil L.R. 6-2, Plaintiffs Sierra Club and California Communities Against Toxics

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and Defendant Gina McCarthy, Administrator of the U.S. Environmental Protection Agency

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(“EPA”) stipulate as follows:

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1.

By decision dated March 15, 2016, the Court entered judgment in favor of Plaintiffs.

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The Court provided that “Plaintiffs may file any appropriate motion for attorneys’ fees and costs

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within 30 days.” Dkt. No. 41, at 1; see also Civil L.R. 54-1(providing deadline for filing bill of

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costs); Civil L.R. 54-5 (providing deadline for moving for attorneys’ fees unless Court orders

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otherwise).

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2.

Plaintiffs and Defendant wish to attempt to resolve Plaintiffs’ claim for fees and costs

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without the need for further litigation. The parties believe that additional time is necessary to

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ascertain whether they can reach an agreement as to fees and costs.

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3.

Therefore, Plaintiffs and Defendant stipulate to enlarge the time for filing a motion

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for fees and costs so that they may have additional time to discuss an informal settlement of the

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issue. Plaintiffs and Defendant hereby stipulate to a 60-day extension, which extends the deadline

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for filing a motion for fees and costs from April 14, 2016 to June 13, 2016. A declaration in support

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of this stipulation is attached.

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4.

Plaintiffs attest that concurrence in the filing of this Stipulation has been obtained

from counsel for Defendant pursuant to Civil L.R. 5-1(i)(3).

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DATED: March 22, 2016

Respectfully submitted,
/s/ Nicholas Morales
NICHOLAS MORALES, Admitted Pro Hac Vice
EMMA C. CHEUSE, Admitted Pro Hac Vice
Earthjustice
1625 Massachusetts Ave., NW, Ste. 702
Washington, DC 20036
[e-mail], [e-mail]
Tel: [phone]
Fax: [phone]

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PLAINTIFFS’ AND DEFENDANT’S STIPULATION TO ENLARGE TIME FOR REQUESTING ATTORNEYS’
FEES AND COSTS
CASE NO. 3:15-cv-01165-HSG

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PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs Sierra Club and
California Communities Against Toxics

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JOHN C. CRUDEN
Assistant Attorney General
Environment and Natural Resources Division

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/s/ Leslie M. Hill
LESLIE M. HILL (D.C. Bar No. 476008)
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
[e-mail]
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendant

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Of counsel:
Paul Versace
Office of General Counsel
U.S. Environmental Protection Agency

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PLAINTIFFS’ AND DEFENDANT’S STIPULATION TO ENLARGE TIME FOR REQUESTING ATTORNEYS’
FEES AND COSTS
CASE NO. 3:15-cv-01165-HSG

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ORDER

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Good cause having been shown, the Stipulation is hereby GRANTED. The deadline for

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Plaintiffs to file any appropriate motion for attorneys’ fees and costs shall be extended to June 13,

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2016.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: 3/22/2016

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________________________________
HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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PLAINTIFFS’ AND DEFENDANT’S STIPULATION TO ENLARGE TIME FOR REQUESTING ATTORNEYS’
FEES AND COSTS
CASE NO. 3:15-cv-01165-HSG

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