Sierra Club et al v. McCarthy

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 45 Stipulation to Enlarge Time for Requesting Attorneys' Fees and Costs. (ndrS, COURT STAFF) (Filed on 6/7/2016)

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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
SECOND JOINT STIPULATION TO
ENLARGE TIME FOR REQUESTING
ATTORNEYS’ FEES AND COSTS

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SECOND JOINT 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 on the parties’ cross-

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motions for summary judgment. The Court provided that “Plaintiffs may file any appropriate

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motion for attorneys’ fees and costs within 30 days.” Dkt. No. 41, at 1; see also Civil L.R. 54-1

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(providing deadline for filing bill of costs); Civil L.R. 54-5 (providing deadline for moving for

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attorneys’ fees unless Court orders otherwise).

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2.

The parties requested and the Court granted an extension of the deadline to file a

motion for attorneys’ fees and costs to June 13, 2016. Dkt. Nos. 43 & 44.
3.

Plaintiffs have provided a settlement offer to Defendant. Defendant is considering

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Plaintiffs’ offer and preparing a counteroffer. The parties continue to hope to resolve Plaintiffs’

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claim for fees and costs without the need for further litigation, but require additional time to

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ascertain whether they can reach an agreement.

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4.

Therefore, the parties stipulate to and request that the Court enter an order enlarging

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the time for filing a motion for fees and costs from June 13, 2016 to July 20, 2016 so that they may

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have additional time to discuss an informal settlement. A declaration in support of this stipulation is

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attached.

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DATED: June 6, 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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SECOND JOINT 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 (email authorization 06/04/16)
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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SECOND JOINT 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 July 20,

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2016.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: June 7, 2016

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

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

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