Center for Biological Diversity v. United States Bureau of Land Management et al

Filing 167

ORDER granting 166 Stipulation to Stay Briefing re: 153 Motion for Attorney Fees. Signed by Judge Andrew P. Gordon on 5/15/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-00226-APG-VCF Document 166 Filed 05/15/18 Page 1 of 4

Marc D. Fink (MN Bar No. 343407)
Center for Biological Diversity
209 East 7th Street
Duluth, Minnesota 55805
Tel: [phone]
[e-mail]
Julie Cavanaugh-Bill (NV Bar No. 11533)
Cavanaugh-Bill Law Offices, LLC
Henderson Bank Building
401 Railroad Street, Suite 307
Elko, Nevada 89801
Tel: [phone]
[e-mail]
Attorneys for Plaintiff Center for Biological Diversity
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
SOUTHERN DIVISION
CENTER FOR BIOLOGICAL DIVERSITY,
Plaintiff,
vs.
UNITED STATES BUREAU OF LAND
MANAGEMENT, et al.,
Defendants,
and
SOUTHERN NEVADA WATER
AUTHORITY,
Defendant-Intervenor.
WHITE PINE COUNTY, et al.,
Plaintiffs,
vs.
UNITED STATES BUREAU OF LAND
MANAGEMENT, et al.,
THIRD STIPULATION AND JOINT MOTION

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Case No. 2:14-cv-00226-APG-VCF
THIRD STIPULATION AND JOINT
MOTION TO STAY BRIEFING RE:
PLAINTIFF CENTER FOR
BIOLOGICAL DIVERSITY’S MOTION
FOR ATTORNEYS’ FEES AND COSTS

ORDER

Case No. 2:14-cv-00228-APG-VCF
(Consolidated)

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Case 2:14-cv-00226-APG-VCF Document 166 Filed 05/15/18 Page 2 of 4

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Defendants,
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and
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SOUTHERN NEVADA WATER
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AUTHORITY,
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Defendant-Intervenor.
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_____________________________________ )
To facilitate ongoing settlement discussions regarding the motion for attorneys’ fees and
costs filed by Plaintiff Center for Biological Diversity (“the Center”) in this case, the Center and
Defendant U.S. Bureau of Land Management, et al (“BLM”) hereby stipulate to and respectfully
request that the Court enter an order further staying briefing on the Center’s motion for
attorneys’ fees and costs for an additional 60 days, until July 17, 2018. In support of this motion,
the Center and BLM stipulate as follows:
1.

On January 12, 2018, the Center filed a motion for attorneys’ fees and costs. Dkt.

No. 153. On January 16, 2018, the Court granted the parties’ stipulation and joint motion to stay
briefing for 60 days to allow time for settlement discussions regarding the Center’s motion. Dkt.
No. 155. On March 19, 2018, the Court granted the parties’ second stipulation and joint motion
to stay briefing for an additional 60 days. Dkt. No. 164. The current stay ends on May 18, 2018.
Id.
2.

The Center and BLM have reached an agreement in principal concerning the

Center’s motion for attorneys’ fees and costs. Federal Defendants, however, need additional
time for their formal review and approval process.
3.

Accordingly, the Center and BLM agree that briefing on the Center’s motion for

attorneys’ fees and costs should be further stayed for an additional 60 days, until July 17, 2018.
The parties expect that this should be the final request for a stay on the Center’s motion. On or
THIRD STIPULATION AND JOINT MOTION

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Case 2:14-cv-00226-APG-VCF Document 166 Filed 05/15/18 Page 3 of 4

before July 17, 2018, the parties will either jointly propose a briefing schedule to address the
Center’s motion for attorneys’ fees and costs, or apprise the Court of the status of the Center’s
motion and request for action by the Court.
The Center and BLM therefore respectfully request that the Court stay briefing and
argument on the Center’s motion for attorneys’ fees and costs until July 17, 2018.
Dated this 15th of May, 2018.
Respectfully submitted,
IT IS SO ORDERED.

____________________________
United States District Judge
Dated: May 15, 2018

/s/ Marc D. Fink
Marc D. Fink, pro hac vice (MN Bar No. 343407)
Center for Biological Diversity
209 East 7th Street
Duluth, Minnesota 55805
Tel: [phone]
[e-mail]
Julie Cavanaugh-Bill (NV Bar No. 11533)
Cavanaugh-Bill Law Offices, LLC
Henderson Bank Building
401 Railroad Street, Suite 307
Elko, Nevada 89801
Tel: [phone]
[e-mail]
Attorneys for Plaintiff
Center for Biological Diversity
STEVEN W. MYHRE
Acting United States Attorney
BLAINE T. WELSH
Assistant United States Attorney
Nevada State Bar No. 4790
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]
JEFFREY H. WOOD

THIRD STIPULATION AND JOINT MOTION

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Case 2:14-cv-00226-APG-VCF Document 166 Filed 05/15/18 Page 4 of 4

Acting Assistant Attorney General
/s/ Luther L. Hajek__________________
LUTHER L. HAJEK
Trial Attorney, Natural Resources Section
United States Department of Justice
Environment & Natural Resources Division
999 18th St., South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Facsimile: 303-844-1350
Email: [e-mail]
STACEY BOSSHARDT
Trial Attorney, Natural Resources Section
United States Department of Justice
Environment & Natural Resources Division
601 D St., NW
Washington, DC 20004
Telephone: [phone]
Facsimile: 202-305-0274
E-mail: [e-mail]
Of Counsel:
Stephen R. Palmer
Assistant Regional Solicitor
Office of the Regional Solicitor
Department of the Interior
2800 Cottage Way, Room E-1712
Sacramento, CA 95825-1890
Counsel for Federal Defendants

IT IS SO ORDERED:

________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
Dated:
THIRD STIPULATION AND JOINT MOTION

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