Bundorf et al v. Salazar et al

Filing 203

ORDER ON ATTORNEYS' FEES AND COSTS re ECF No. 202 Proposed Order Submission : ORDERED that Plaintiffs' motion (ECF No. 153 ) and amended motion (ECF No. 171 ) for attorneys' fees and costs are GRANTED. IT I S FURTHER ORDERED that Plaintiffs be awarded $467,993.34 in attorneys' fees and costs against the Federal Defendants pursuant to the EAJA as specified herein. Signed by Judge Miranda M. Du on 9/4/2018. (Copies have been distributed pursuant to the NEF - DRM)

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JAMES D. BOYLE, ESQ.
Nevada Bar No. 8384
E-mail: [e-mail]
HOLLEY, DRIGGS, WALCH,
FINE, WRAY, PUZEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile:
702/791-1912
DAVID H. BECKER, ESQ. (Pro Hac Vice)
Oregon Bar No. 081507
Law Office of David H. Becker, LLC
917 SW Oak St., Suite 409
Portland, Oregon 97205
[phone]
[e-mail]
Of Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUDY BUNDORF, et al.,

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v.

RYAN ZINKE1, et al.,

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and

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2:13-cv-616-MMD-PAL

Plaintiffs,

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CASE NO.:

Defendants,

[PROPOSED] ORDER ON ATTORNEYS’
FEES AND COSTS PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT

SEARCHLIGHT WIND ENERGY, LLC
Intervenor-Defendant.

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Ryan Zinke, S.M.R. Jewell’s successor as Secretary of the Interior, is automatically substituted
as a party under Fed. R. Civ. P. 25(d).

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This matter came before the Court, Honorable Miranda M. Du, United States District

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Judge presiding, on Plaintiffs Judy Bundorf, Friends of Searchlight Desert and Mountains, Basin

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and Range Watch, Ellen Ross, and Ronald Van Fleet, Sr.’s motion and amended motion for

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attorneys’ fees and costs pursuant to the Equal Access to Justice Act (“EAJA”). ECF Nos. 153,

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171. The Court had previously granted summary judgment in part in favor of Plaintiffs and

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vacated the Record of Decision, Final Environmental Impact Statement, and the Biological

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Opinion for the Searchlight Wind Energy Project. ECF Nos. 90, 132, 133.

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The Court, having reviewed Plaintiffs’ amended motion for attorneys’ fees and costs
(ECF No. 171) and reply in support of that motion (ECF No. 190), together with the supporting

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documents filed by Plaintiffs (ECF Nos. 172–82, 191–92) and the opposition filed by Federal

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Defendants Ryan Zinke, Bureau of Land Management, and U.S. Fish & Wildlife Service (ECF

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No. 187), issued an Order granting Plaintiffs’ motion for attorneys’ fees and costs. ECF No. 201.

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Therefore, IT IS HEREBY ORDERED that Plaintiffs’ motion and amended motion for
attorneys’ fees and costs are GRANTED to the extent set forth herein;

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IT IS FURTHER ORDERED that Plaintiffs be awarded $467,993.34 in attorneys’ fees

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and costs against the Federal Defendants pursuant to the EAJA, which award is comprised of:

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1. Attorneys’ fees in the amount of $444,354.86 (Exhibit I to the Second Declaration of

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David H. Becker, ECF No. 191-2, summarizing all attorneys’ fees, costs, and

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expenses requested, including reductions where billing entries were block billed);

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2. Fees for paralegals in the amount of $2,216.50 (ECF No. 191-2);

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3. Science expert costs in the amount of $18,439.17 (ECF No. 191-2); and

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4. Other costs and expenses in the amount of $2,982.81 (ECF No. 191-2).

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IT IS SO ORDERED:
__________________________________
Miranda M. Du
UNITED STATES DISTRICT JUDGE
September 4, 2018
DATED: __________________________
[PROPOSED] ORDER ON ATTORNEYS’ FEES AND COSTS
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Respectfully submitted this 31st day of August 2018.

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/s/ David H. Becker
DAVID H. BECKER, ESQ., Pro Hac Vice
Oregon Bar No. 081507
E-mail: [e-mail]
Law Office of David H. Becker, LLC
833 SE Main Street # 302
Portland, OR 97214
[phone]

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Of Attorneys for Plaintiffs

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LOCAL RULE 7-2(f) CERTIFICATION
In accordance with Local Rule 7-2(f), undersigned counsel certifies that the [Proposed]
Order accurately reflects the Court’s ruling, that I served a copy of this [Proposed] Order by
electronic mail to all opposing counsel of record on August 22, 2018 to the electronic mail
addresses listed in the most recent CM/ECF notice from the Court, that three business days have
passed, and that no reasons for disapproval were received from any opposing counsel.
/s/ David H. Becker

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DAVID H. BECKER, ESQ., Pro Hac Vice
Oregon Bar No. 081507
E-mail: [e-mail]
Law Office of David H. Becker, LLC
833 SE Main Street # 302
Portland, OR 97214
[phone]

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Of Attorneys for Plaintiffs

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[PROPOSED] ORDER ON ATTORNEYS’ FEES AND COSTS
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