Tri-Valley Cares et al v. United States Department Of Energy et al

Filing 154

STIPULATION AND ORDER APPROVING SCHEDULE FOR RESOLUTION OF PLAINTIFFS' CLAIM TO ATTORNEY'S FEES AND COSTS. Signed by Judge ARMSTRONG on 11/29/06. (lrc, COURT STAFF) (Filed on 11/30/2006)

Tri-Valley Cares et al v. United States Department Of Energy et al

Doc. 154

Case 4:03-cv-03926-SBA

Document 154

Filed 11/30/2006

Page 1 of 2

1 STEPHAN C. VOLKER (CSB #63093) JOSHUA A.H. HARRIS (CSB #226898) 2 MARNIE E. RIDDLE (CSB #233732) LAW OFFICES OF STEPHAN C. VOLKER 3 436 14th Street, Suite 1300 Oakland, California 94612 4 Telephone: [phone] Facsimile: 510/496-1366 5 ALLETTA BELIN, ESQ. 6 BELIN & SUGARMAN 618 Paseo de Peralta 7 Santa Fe, New Mexico 87501 Telephone: [phone] Facsimile: 505/983-0036 9 Attorneys for Plaintiffs TRI-VALLEY CARES, NUCLEAR 10 WATCH OF NEW MEXICO, MARYLIA KELLEY, JANIS KATE TURNER, TARA DORABJI, 11 HENRY C. FINNEY and CATHERINE SULLIVAN 12 13 14 15 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF ) ENERGY, NATIONAL NUCLEAR SECURITY ) ADMINISTRATION, LAWRENCE ) LIVERMORE NATIONAL LABORATORY, and ) LOS ALAMOS NATIONAL LABORATORY, ) ) Defendants. ) ________________________________________ ) Civ. No. C-0-3-3926 SBA [xxxOxxxxxxx] ORDER APPROVING PR x POSEDx STIPULATED SCHEDULE FOR RESOLUTION OF PLAINTIFFS' CLAIM TO ATTORNEY'S FEES AND COSTS Dept: 3 Judge: Hon. Saundra B. Armstrong

TRI-VALLEY CARES, NUCLEAR WATCH OF 16 NEW MEXICO, MARYLIA KELLEY, JANIS KATE TURNER, TARA DORABJI, HENRY C. 17 FINNEY and CATHERINE SULLIVAN, 18 19 20 21 22 23 24 25 26 27

Upon consideration of the parties' stipulation, and for good cause shown, it is ORDERED

28 that the following procedure shall govern resolution of Plaintiffs' claim to attorney's fees and under

[PROPOSED] ORDER APPROVING STIPULATED SCHEDULE FOR RESOLUTION OF PLAINTIFFS' CLAIM TO ATTORNEY'S FEES AND COSTS

Dockets.Justia.com

Case 4:03-cv-03926-SBA

Document 154

Filed 11/30/2006

Page 2 of 2

1 EAJA for the above captioned matter: 2 1. The deadline for filing a fee motion under EAJA is 90 days from the Ninth Circuit's

3 October 16, 2006 decision, or January 14, 2007; 4 2. The issue of whether Plaintiffs are entitled to an award of attorneys' fees and costs under

5 EAJA in this case is bifurcated from the issue of the amount of any such award; 6 3. On December 22, 2006, Plaintiffs will file a brief on the issue of their entitlement to fees

7 and costs under EAJA and shall notice a hearing on that issue pursuant to Local Civil Rule 7-2(a); 8 4. Defendants will file a brief in response to Plaintiffs' brief regarding entitlement to fees

9 and costs as provided by Local Civil Rule 7-3(a); 10 5. Plaintiffs will file a reply on the issue of their entitlement to fees and costs under EAJA

11 as provided by Local Civil Rule 7-3(c); and 12 6. Should the Court determine that Plaintiffs are entitled to an award of fees and costs under

13 EAJA, the parties will engage in good faith efforts to resolve the amount of such an award. Should such 14 negotiations fail, the parties will submit to the Court, within 30 days of the Court's decision regarding 15 Plaintiffs' entitlement to an award of fees and costs, a stipulated schedule for resolution of the issue of 16 the amount of such award. 17 18 19 Dated: ___________ 11/29/06 20 21 22 23 24 25 26 27 28 SAUNDRA BROWN ARMSTRONG United States District Judge IT IS SO ORDERED.

[PROPOSED] ORDER APPROVING STIPULATED SCHEDULE FOR i RESOLUTION OF PLAINTIFFS' CLAIM TO ATTORNEY'S FEES AND COSTS