Citizens for Better Forestry et al v. U.S. Department of Agriculture et al

Filing 82

ORDER re 80 granting THIRD STIPULATION re 72 Motion for Attorney Fees, Costs, and Other Expenses and to Stay Briefing to Allow Settlement Discussions. Signed by Judge Claudia Wilken on 12/1/09. (scc, COURT STAFF) (Filed on 12/1/2009)

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IGNACIA S. MORENO Assistant Attorney General BEVERLY F. LI (WSBA # 33267) PETER C. WHITFIELD Trial Attorneys U.S. Department of Justice Environment & Natural Resources Div. Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 Tel: [phone] (Li)/ [phone] (Whitfield) Facsimile: [phone] [e-mail] [e-mail] Attorneys for Federal Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CITIZENS FOR BETTER FORESTRY, et al., Plaintiffs, vs. U.S. DEPT OF AGRICULTURE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 08-1927 CW PARTIES' THIRD STIPULATION AND ORDER TO STAY BRIEFING TO ALLOW SETTLEMENT DISCUSSIONS

DEFENDERS OF WILDLIFE, et al., Plaintiffs, vs. ED SCHAFER, et al., Defendants.

Parties' Third Stip. & [Proposed] Order Re: Deadline for Motion for Attorneys' Fees, Case No. C 08-1927-CW

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To facilitate settlement discussions regarding the motion for attorneys' fees and costs filed by Plaintiffs Citizens for Better Forestry, et al., ("Citizens") in this case, Citizens and Defendants the U.S. Department of Agriculture, et al., ("USDA"), hereby stipulate to and respectfully request that the Court enter an order further staying briefing on Citizens' motion for attorneys' fees and costs until December 8, 2009. In support of this motion, Citizens and USDA stipulate as follows: 1. On September 24, 2009, Citizens filed a motion for an award of attorneys' fees, costs and other

expenses in this case. See Dkt. No. 72. Citizens' motion will be supplemented as appropriate to account for any future litigation in this case. 2. On October 5, 2009, the Court granted the parties' first stipulation to stay briefing for 45 days to

allow settlement discussions regarding Citizens' motion for attorneys' fees and costs. See Dkt. No. 77. Pursuant to the Court's October 5, 2009 Order, the stay of briefing extended until November 19, 2009. On November 19, 2009, the parties filed their second stipulation to extend the stay on briefing until November 25, 2009. See Dkt. No. 78. On November 24, 2009, the Court granted the second stipulation to stay briefing until November 25, 2009. See Dkt. No. 79. 3. Citizens and USDA agree that briefing and argument on Citizens' claim for attorneys' fees, costs,

and other expenses may be unnecessary in light of the parties' intent to attempt to settle this issue. Citizens and USDA agree that the parties need additional time beyond November 25, 2009 in order to conduct negotiations regarding Citizens' claim for attorneys' fees, costs, and other expenses. 4. Accordingly, Citizens and USDA agree that further proceedings on Citizens' motion for an

award of attorneys' fees, costs, and other expenses, including the filing of memoranda and evidentiary and other materials supporting that motion, should be further stayed until December 8, 2009. At that time, Citizens and USDA will either jointly propose a briefing schedule to address Citizens' motion for attorneys' fees, costs, and other expenses, or the parties shall apprise the Court of the status of Citizens' motion and any request for action by the Court.

Parties' Third Stip. & [Proposed] Order Re: Deadline for Motion for Attorneys' Fees, Case No. C 08-1927-CW

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Based on the joint stipulation set forth above, the parties respectfully request that the Court stay briefing and argument on Citizens' motion for an award of attorneys' fees, costs, and other expenses until December 8, 2009.

Dated: November 25, 2009.

Respectfully submitted, /s/ Peter M.K. Frost Peter M.K. Frost Marc D. Fink Attorneys for Plaintiffs /s/ Beverly F. Li Beverly F. Li Peter C. Whitfield Jay Govindan Attorneys for Defendants

Pursuant to the stipulation of the parties, IT IS SO ORDERED.

Date: 12/1/ 2009.

________________________________ CLAUDIA WILKEN United States District Judge

Parties' Third Stip. & [Proposed] Order Re: Deadline for Motion for Attorneys' Fees, Case No. C 08-1927-CW

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