Center for Biological Diversity et al v. U.S. Fish & Wildlife Service et al

Filing 73

STIPULATION AND ORDER re 72 STIPULATION WITH PROPOSED ORDER Requesting Extension of Time to File Motion for Attorneys' Fees filed by Center for Biological Diversity, Environmental Protection Information Center. Signed by Judge Jon S. Tigar on May 12, 2017. (wsn, COURT STAFF) (Filed on 5/12/2017)

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STACEY P. GEIS (CA Bar No. 181444)
[e-mail]
GREGORY C. LOARIE (CA Bar No. 215859)
[e-mail]
EARTHJUSTICE
50 California Street, Suite 500
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Counsel for Plaintiffs

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IN THE 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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vs.
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U.S. FISH & WILDLIFE SERVICE, et al.,
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Defendants,
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and
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SISKIYOU COUNTY, et al.,
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Defendant Intervenors.
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Case No.: 3:15-cv-05754-JST
STIPULATED REQUEST
TO EXTEND TIME TO FILE
MOTION FOR ATTORNEYS’ FEES
and
[PROPOSED] ORDER
(Civ. L.R. 6-2)

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WHEREAS, the parties anticipate that the Court will enter judgment pursuant to Federal

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Rule of Civil Procedure 58 in the above-entitled case in accordance with the Court’s March 28,

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2017, Order re: Summary Judgment (ECF Doc. 64) and May 3, 2017, Stipulated Order Regarding

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Remedy (ECF Doc. 71);

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WHEREAS, section 11(g)(4) of the Endangered Species Act, 16 U.S.C. § 1540(g)(4),

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provides that the Court “may award costs of litigation (including reasonable attorney and expert

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witness fees) to any party, whenever the court determines such award is appropriate;”

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WHEREAS, consistent with Federal Rule of Civil Procedure 54(d)(2)(B)(i), Civil Local Rule
54-5(a) provides, “[u]nless otherwise ordered by the Court after a stipulation to enlarge time under
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Stipulated Request to Extend Time to File Motion for Attorneys’ Fees – No. 3:15-cv-05754-JST

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Civil L.R. 6-2 . . . motions for awards of attorney’s fees by the Court must be served and filed within

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14 days of entry of judgment by the District Court;”

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WHEREAS, upon entry of judgment, Plaintiffs and Federal Defendants wish to meet and

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confer in an attempt to resolve any claim for reasonable attorneys’ fees incurred in connection with

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this litigation without further expenditure of judicial resources;

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WHEREAS, if Federal Defendants or Defendant-Intervenors elect to file an appeal in this

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case, the parties agree that any claim for reasonable attorneys’ fees should be resolved after the

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conclusion of any and all appeals in this case;

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WHEREAS, if Federal Defendants and Defendant-Intervenors do not pursue an appeal, the

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parties anticipate that it will take at least 60 days after the deadline to appeal has expired to complete

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their negotiations regarding any claim for reasonable attorneys’ fees, and, if an agreement in

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principle is reached, to draft settlement documents and obtain the necessary approvals from officials

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within the Department of Interior and the Department of Justice;

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WHEREAS, the parties have not sought any prior modifications of any post-judgment
deadlines in this case;
NOW THEREFORE, the parties, by and through their undersigned counsel of record, hereby

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stipulate and request that the deadline to file a motion for an award of attorneys’ fees under 16

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U.S.C. § 1540(g)(4) be extended until either: (1) 120 days after the Court’s entry of judgment,

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provided no party files a timely notice of appeal; or (2) 60 days after the conclusion of any and all

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appeals, whichever is later.

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Respectfully submitted,

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STACEY P. GEIS (CA Bar No. 181444)
[e-mail]

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Dated: May 11, 2017

/s/ Gregory C. Loarie
GREGORY C. LOARIE
[e-mail]
EARTHJUSTICE
50 California Street, Suite 500
San Francisco, CA 94111
Tel: [phone] / Fax: [phone]
Attorneys for Plaintiffs

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Stipulated Request to Extend Time to File Motion for Attorneys’ Fees – No. 3:15-cv-05754-JST

JEFFREY H. WOOD
Acting Assistant Attorney General
SETH M. BARSKY, Chief
MEREDITH L. FLAX, Assistant Chief

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Dated: May 11, 2017

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/s/ Nicole M. Smith
NICOLE M. SMITH, Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone] / Fax: [phone]
Email: [e-mail]
Attorneys for Federal Defendants

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Dated: May 11, 2017

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/s/ Lawson E. Fite
Lawson E. Fite (Ore. Bar #055573)
Pro Hac Vice
American Forest Resource Council
5100 S.W. Macadam, Suite 350
Portland, Oregon 97239
Telephone: [phone]
Fax: [phone]
[e-mail]
Dennis L. Porter (SBN 67176)
Attorney at Law
8120 36th Avenue
Sacramento, California 95824-2304
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant-Intervenors

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[PROPOSED] ORDER

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Pursuant to stipulation, IT IS SO ORDERED. Any motion for an award of attorneys’ fees

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incurred in this case under 16 U.S.C. § 1540(g)(4) shall be filed either: (1) 120 days after the

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Court’s entry of judgment, provided no party files a timely notice of appeal; or (2) 60 days after the

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conclusion of any and all appeals, whichever is later.

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Dated: May 12, 2017
Hon. Jon S. Tigar
United States District Court Judge

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Stipulated Request to Extend Time to File Motion for Attorneys’ Fees – No. 3:15-cv-05754-JST