Association of Irritated Residents v. United States Environmental Protection Agency et al

Filing 26

ORDER re 25 GRANTING STIPULATION to Extend Time to File Bill of Costs and Motion for Attorney's Fees. Signed by Judge CLAUDIA WILKEN on 10/15/09. (scc, COURT STAFF) (Filed on 10/15/2009)

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Marybelle Nzegwu (SBN 255339) Brent Newell (SBN 210312) CENTER ON RACE POVERTY & THE ENVIRONMENT 47 Kearny Street, Suite 804 San Francisco, CA 94108 Telephone: [phone] Fax: [phone] Email: [e-mail] Caroline Farrell (SBN 202871) Ingrid Brostrom (SBN 245829) CENTER ON RACE POVERTY & THE ENVIRONMENT 1302 Jefferson Street, Suite 2 Delano, CA 93215 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff Association of Irritated Residents UNITED STATES DISTRICT COURT

12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, ) ) ) ) Plaintiff, ) ) ) v. ) ) ) ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, LISA P. ) JACKSON, in her official capacity as ) Administrator of the United States ) Environmental Protection Agency, and ) LAURA YOSHII, in her official capacity as ) Regional Administrator for Region IX of the ) United States Environmental Protection ) Agency, ) ) Defendants. ) ____________________________________ ) Case No. 4:08-CV-05650 CW STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE BILL OF COSTS AND MOTION FOR ATTORNEY'S FEES

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WHEREAS, on December 18, 2008, the Association of Irritated Residents filed the complaint in the above-captioned matter against the United States Environmental Protection Agency; Lisa Jackson in her official capacity as Administrator of the United States Environmental Protection Agency; and Laura Yoshii, in her official capacity as Acting Regional Administrator for Region IX of the United States Environmental Protection Agency (collectively, "EPA" or "Defendants"), alleging that EPA has failed to undertake certain nondiscretionary duties under section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2); WHEREAS, this Court entered a Consent Decree on August 19, 2009 (Document #24); WHEREAS, paragraph 10 of the Consent Decree allows AIR to file a bill of costs pursuant to Local Rule 54-1 and a motion for costs of litigation, including reasonable attorneys' fees, pursuant to 42 U.S.C. § 7604(d) and Local Rule 54-6, within 60 days after entry of the Consent Decree; WHEREAS, AIR and EPA have made significant progress towards settling the amount of costs and attorneys' fees and require additional time to complete a settlement prior to the October 18, 2009 deadline for AIR to file a bill of costs and motion for attorneys' fees; WHEREAS, AIR and EPA seek to conserve litigant and judicial resources and believe that a 60-day extension will allow the parties to resolve costs and fees without placing a burden on the Court; NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate to the entry of an order that: 1. Continues the deadline for AIR to file a bill of costs pursuant to Local Rule 54-1

and a motion for costs of litigation, including reasonable attorneys' fees, pursuant to Local Rule 54-6, for an additional 60 days from October 18, 2009 to December 17, 2009. /// /// /// ///
S T IP U LA T IO N AN D [PROPOSED] ORDER TO EXTEND TIME TO FILE B IL L O F COSTS AN D MOTION FOR ATTORNEY'S FEES

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IT IS SO ORDERED. 18 19 20 21 22 23 24 25 26 27 28
S T IP U LA T IO N AN D [PROPOSED] ORDER TO EXTEND TIME TO FILE B IL L O F COSTS AN D MOTION FOR ATTORNEY'S FEES

COUNSEL FOR PLAINTIFFS: Dated: October 9, 2009 /s/ Brent Newell BRENT NEWELL Center On Race, Poverty & the Environment 47 Kearney Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Counsel for Plaintiff Association of Irritated Residents

COUNSEL FOR DEFENDANTS: Dated: October 9, 2009 JOHN CRUDEN Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL Trial Attorney, U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: [phone] Email: [e-mail] Counsel for Defendants

10/15/09 Dated: _________________

__________________________________ Hon. Claudia Wilken United States District Court Judge

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