Defenders of Wildlife et al v. Veneman et al

Filing 139

STIPULATION AND ORDER FOR EXTENSION OF TIME re 137 Stipulation filed by United States Forest Service, Ann Veneman, Dale Bosworth. Signed by Judge Phyllis J. Hamilton on 9/25/08. (nah, COURT STAFF) (Filed on 9/25/2008)

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RONALD J. TENPAS Assistant Attorney General CYNTHIA S. HUBER Assistant Section Chief Natural Resources Section ANDREW A. SMITH (SBN 8341 (NM)) United States Department of Justice Environment & Natural Resources Division c/o United States Attorney's Office P.O . Box 607 Albuquerque, New Mexico 87103 Telephone No: [phone] Facsimile No: [phone] [e-mail] Attorneys for Federal Defendants

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DEFENDERS OF WILDLIFE, et al., ) ) Plaintiffs, ) and ) ) PEOPLE OF STATE OF CALIFORNIA, ex rel. ) ) Plaintiff Intervenor, ) v. ) ) MIKE JOHANNS, et al., ) ) Federal Defendants, ) ) and ) ) AMERICAN FOREST & PAPER ASSN., et al., ) ) Defendant-Intervenors. ) ) ) CITIZENS FOR BETTER FORESTRY, et al., ) ) Plaintiffs, ) v. ) ) U.S. DEPT. OF AGRICULTURE, et al., ) ) Federal Defendants, ) and ) ) Case No. C-04-4512-PJH STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME FOR FEDERAL DEFENDANTS' RESPONSE TO PLAINTIFFS' AUGUST 27, 2008 "AMEN DED CONSOLIDATED MOTION FO R ATTORNEYS' FEES, COSTS, AND O THER EXPENSES, & BRIEF IN SUPPO RT THEREOF," DKT. NO. 136 [AND DKT. NO. 112 IN C-05-1144-PJH] (FIRST REQUEST) Date: Time: Judge: November 1, 2006 9:00 a.m. The Honorable Phyllis J. Hamilton

Case No. C-05-1144-PJH

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AMERICAN FOREST & PAPER ASSN., et al., ) ) Defendant- Intervenors. ) ) By and through undersigned counsel of record, Federal Defendants respectfully request a one-

4 week extension of time to file a response to Plaintiffs' August 27, 2008 "Amended Consolidated 5 Motion for Attorneys' Fees, Costs, and Other Expenses, & Brief in Support Thereof," Dkt. No. 136 in 6 C- 04- 4512- PJH and Dkt. No. 112 in C-05-1144-PJH. As grounds for this request, Federal 7 Defendants state as follows: 8 1. 9 Attorneys' Fees," Dkt. No. 133 in C-04-4512-PJH and Dkt. No. 110 in C-05-1144-PJH, Federal 10 Defendants' response to Plaintiffs' August 27, 2008 Consolidated Motion is currently due on 11 September 24, 2008. 12 2. 13 costs, and expenses for the Plaintiffs in Citizens and $513,097.42 in attorneys' fees, costs, and 14 expenses for the Plaintiffs in Defenders. Plaintiffs' Motion was accompanied with a 22-page brief 15 raising numerous factual and legal arguments, as well as 30 supporting declarations (22 in Citizens and 16 8 in Defenders) and extensive billing records in both cases. 17 3. 18 Plaintiffs' Motion and supporting materials and preparing Federal Defendants' response, much of his 19 time (including weekends) since the filing of Plaintiffs' Motion has been consumed with other litigation 20 matters. Most notably, undersigned counsel is lead counsel and has had to address numerous filings in 21 Sancho v. U.S. Department of Energy, Civil No. 08-00136-HG-KSC (D. Haw.), in which pro se 22 Plaintiffs challenge the United States' involvement in the Large Hadron Collider in Europe (and allege 23 that the collision of atoms to study subatomic particles may result in a microscopic "black hole" that 24 could destroy the planet). Plaintiffs' filings over the past month in Sancho have included several detailed 25 and highly technical declarations, as well as a motion for preliminary injunction and other papers filed on 26 September 19, 2008. During this period, undersigned counsel has had to take several days off to travel 27 Page 2 - Stip. for Extension for Response to Motion for Attorneys' Fees - C-04-4512-PJH; C-05-1144-PJH While undersigned counsel has been working as diligently as possible on reviewing Plaintiffs' August 27, 2008 Consolidated Motion seeks $190,420.18 in attorneys' fees, Pursuant to the Court's "Order Setting Briefing Schedule on Plaintiffs' Motions for

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to Hawaii for a hearing and has had to file several responsive papers. Undersigned counsel also has had to take days off from working because of illness. 4. Plaintiffs, through counsel of record, have been consulted and do not oppose Federal

Defendants' request for a one-week extension to respond to Plaintiffs' August 27, 2008 Consolidated Motion. BASED ON THE FOREGOING Federal Defendants and Plaintiffs in the above-captioned matters hereby stipulate and agree to, and respectfully request, the following modifications to the Court's "Order Setting Briefing Schedule on Plaintiffs' Motions for Attorneys' Fees," Dkt. No. 133 in C- 04- 4512- PJH and Dkt. No. 110 in C-05-1144-PJH: 1. Federal Defendants' opposition to Plaintiffs' August 27, 2008 Consolidated Motion is due October 1, 2008 (instead of September 24, 2008). 2. Plaintiffs' reply is due October 16, 2008 (instead of October 9, 2008). Respectfully submitted, ATTORNEYS FOR FEDERAL DEFENDANTS: RONALD J. TENPAS Assistant Attorney General /s/ Andrew A. Smith ANDREW A. SMITH Natural Resources Section Environment & Natural Resources Div. United States Department of Justice P.O . Box 663 Ben Franklin Station Washington, D.C. 20044-0663 [phone]; [phone] [phone] (fax) [e-mail]

Dated this 22th day of September, 2008. 14 15 16 17 18 19 20 21 22 23 24

ATTORNEYS FOR CITIZENS PLAINTIFFS: 25 26 27 Page /s/ (as authorized 9/22/08 by Peter M.K. Frost) PETER M.K. FROST MARC D. FINK Western Environmental Law Center 3 - Stip. for Extension for Response to Motion for Attorneys' Fees - C-04-4512-PJH; C-05-1144-PJH

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Dated: 9/25/08 15 16 17 18 19 20 21 22 23 24 25 26 27 Page

1216 Lincoln Street Eugene, OR 97401 [e-mail]

ATTORNEYS FOR DEFENDERS PLAINTIFFS /s/ (as authorized 9/22/08 by Trent Orr) TRENT ORR GREGORY C. LOARIE TIMOTHY PRESO 953 Clayton Street, #5 San Francisco, CA 94117 [phone] [e-mail]

Pursuant to the Stipulation, IT IS SO ORDERED.

UNIT ED

__________________________________ HO N . PHYLLIS J. HAMILTON U.S. District Judge DERED

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