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

Filing 82

STIPULATION AND ORDER re 81 SECOND 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 December 4, 2017. (wsn, COURT STAFF) (Filed on 12/4/2017)

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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
SECOND STIPULATED REQUEST
TO EXTEND TIME TO FILE
MOTION FOR ATTORNEYS’ FEES
and
[PROPOSED] ORDER
(Civ. L.R. 6-2)

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WHEREAS, by stipulated order dated May 12, 2017 (ECF Doc. 73), this Court extended the

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deadline for Plaintiffs to file a motion for an award of the attorneys’ fees and costs incurred in this

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case until 60 days after the conclusion of any and all appeals;

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WHEREAS, on October 26, 2017, the Court of Appeals granted Defendants’ motion for
voluntary dismissal of their appeal in this case and returned mandate to this Court;
WHEREAS, all appeals having been concluded, Plaintiffs motion for attorneys’ fees and
costs is currently due on or before December 25, 2017;
WHEREAS, by letter dated October 27, 2017, Plaintiffs provided Defendants with an offer to
settle their claim for attorneys’ fees and costs;
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Second Stipulated Request to Extend Time to File Motion for Attorneys’ Fees – No. 3:15-cv-05754-JST

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WHEREAS, Plaintiffs and Defendants wish to engage in good faith negotiations in an effort
to settle Plaintiffs’ claim for attorneys’ fees without further expenditure of judicial resources;
WHEREAS, Defendants are still in the process of reviewing Plaintiffs’ offer of settlement

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and require additional time to prepare a response regarding the payment of reasonable attorneys’ fees

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and costs in the matter;

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WHEREAS, if the parties reach an agreement in principle, the proposed sixty-day extension

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would also enable the parties to draft settlement documents and obtain the necessary approvals from

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official within the Department of Justice and the Department of Interior;

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NOW THEREFORE, the parties, by and through their undersigned counsel of record, hereby

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stipulate and request that the December 25, 2017 deadline for Plaintiffs to file a motion for an award

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of attorneys’ fees under 16 U.S.C. § 1540(g)(4) be extended by 60 days, to February 23, 2018.

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Respectfully submitted,

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

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Dated: Dec. 1, 2017

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Attorneys for Plaintiffs

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

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

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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]

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Attorneys for Federal Defendants

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Dated: Dec. 1, 2017

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

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Dated: Dec. 1, 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
Tel: [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. The deadline for Plaintiffs to file a motion for
an award of attorneys’ fees under 16 U.S.C. § 1540(g)(4) is extended to February 23, 2018.

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Dated:

December 4, 2017

Hon. Jon S. Tigar
United States District Court Judge

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