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

Filing 161

ORDER APPROVING STIPULATED SCHEDULE FOR RESOLUTION OF PLAINTIFFS' CLAIM TO ATTORNEY'S FEES AND COSTS. Signed by Judge ARMSTRONG on 12/21/06. (lrc, COURT STAFF) (Filed on 12/21/2006)

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

Doc. 161

Case 4:03-cv-03926-SBA

Document 161

Filed 12/21/2006

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 Attorneys for Plaintiffs 6 SUE ELLEN WOOLDRIDGE 7 Assistant Attorney General BARCLAY T. SAMFORD (NMBN 12323) 8 Trial Attorney U.S. Department of Justice 9 Environment & Natural Resources Div. 1961 Stout Street, 8th Floor 10 Denver, CO 80294 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Defendants 13 14 15 16 TRI-VALLEY CARES, NUCLEAR WATCH OF NEW MEXICO, MARYLIA KELLEY, JANIS 17 KATE TURNER, TARA DORABJI, HENRY C. FINNEY and CATHERINE SULLIVAN, 18 19 20 21 22 23 24 25 26 27 Civ. No. C-0-3-3926 SBA ) ) ) ORDER APPROVING STIPULATED ) SCHEDULE FOR RESOLUTION OF ) PLAINTIFFS' CLAIM TO ) ATTORNEY'S FEES AND COSTS Plaintiffs, ) ) Dept: 3 ) v. Judge: Hon. Saundra B. Armstrong ) ) UNITED STATES DEPARTMENT OF ENERGY, NATIONAL NUCLEAR SECURITY ) ) ADMINISTRATION, LAWRENCE ) LIVERMORE NATIONAL LABORATORY, ) and LOS ALAMOS NATIONAL ) LABORATORY, ) ) Defendants. ________________________________________ Upon consideration of the parties' stipulation, and for good cause shown, it is IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

[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 161

Filed 12/21/2006

Page 2 of 2

1 and under 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 29, 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: 12/21/06 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