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

Filing 172

ORDER granting 171 Stipulation to Stay Briefing re: 156 Motion for Attorney Fees. Responses due by 9/17/2018. Signed by Judge Andrew P. Gordon on 7/18/2018. (Copies have been distributed pursuant to the NEF - MMM)

DAYLE ELIESON
Interim 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
Acting Assistant Attorney General
LUTHER L. HAJEK
Trial Attorney, Natural Resources Section
United States Department of Justice
Environment & Natural Resources Division
999 18th Street, South Terrace, Suite 370
Denver, Colorado 80202
Telephone: [phone]
Facsimile: 303-844-1350
Email: [e-mail]
Counsel for Federal Defendants
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,

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Case No. 2:14-cv-00226-APG-VCF
FOURTH STIPULATION AND JOINT
MOTION TO STAY BRIEFING RE:
PLAINTIFFS WHITE PINE COUNTY,
ET AL.’S MOTION FOR ATTORNEYS’
FEES AND COSTS

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ORDER

Defendant-Intervenor.

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WHITE PINE COUNTY, et al.,
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Plaintiffs,
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vs.
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UNITED STATES BUREAU OF LAND
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MANAGEMENT, et al.,
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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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_____________________________________ )

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

To facilitate ongoing settlement discussions regarding the motion for attorneys’ fees and
costs filed by Plaintiffs White Pine County, et al. (“the County”) in this case, the County and
Defendants U.S. Bureau of Land Management, et al. (“Federal Defendants”) hereby stipulate to
and respectfully request that the Court enter an order further staying briefing on the County’s
motion for fees and costs for an additional 60 days, until September 17, 2018. In support of this
motion, the County and Federal Defendants stipulate as follows:
1.

On January 22, 2018, the County filed a motion for attorneys’ fees and costs (ECF

No. 156) and a stipulation and joint motion to stay briefing on that motion (ECF No. 157).
2.

On January 23, 2018, the Court granted the parties’ stipulation and joint motion to

stay briefing and ordered briefing stayed for 60 days to allow time for settlement discussions
regarding the County’s motion (ECF No. 158). On March 19, 2018, the Court granted the
parties’ second stipulation and joint motion to stay briefing and extended the stay of briefing
until May 18, 2018 (ECF Nos. 163 & 164). And on May 16, 2018, the Court granted the parties’
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third stipulation and joint motion to stay briefing and extended the stay to July 17, 2018 (ECF
No. 168).
3.

The County and Federal Defendants agree that progress has been made in

negotiations, and that briefing and argument on the County’s motion for attorneys’ fees and costs
may be unnecessary in light of the parties’ ongoing attempt to settle this issue. The County and
Federal Defendants agree that they need additional time beyond July 17, 2018 to conduct
additional negotiations to reach a settlement as to the County’s motion.
4.

Accordingly, the County and Federal Defendants agree that briefing on the

County’s motion for attorneys’ fees and costs should be further stayed for an additional 60 days,
until September 17, 2018. At that time, the parties will either jointly propose a briefing schedule
to address the County’s motion for attorneys’ fees and costs, or apprise the Court of the status of
the County’s motion and any request for action by the Court.
Based on the foregoing, the County and Federal Defendants respectfully request that the
Court further stay briefing and argument on the County’s motion for attorneys’ fees and costs for
an additional 60 days until September 17, 2018.
Dated this 17th day of July, 2018.
Respectfully submitted,
IT IS SO ORDERED.

_________________________________
UNITED STATES DISTRICT JUDGE
Dated: July 18, 2018.

/s/ Simeon Herskovits_________________
Simeon Herskovits (NV Bar No. 11155)
Iris Thornton, pro hac vice
Advocates for Community and Environment
P.O. Box 1075
El Prado, New Mexico 87529
Telephone: [phone]
[e-mail]
Michael C. Wheable (NV Bar No. 12518)
White Pine County District Attorney
County Courthouse
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801 Clark Street, Suite 3
Ely, Nevada 89301
Telephone: [phone]
[e-mail]
Attorneys for Plaintiffs
White Pine County, et al.
DAYLE ELIESON
Interim 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
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 Street, South Terrace, Suite 370
Denver, Colorado 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 Street, NW
Washington, D.C. 20004
Telephone: [phone]
Facsimile: 202-305-0274
Email: [e-mail]
Of Counsel:
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Stephen R. Palmer
Assistant Regional Solicitor
Office of the Regional Solicitor
Department of the Interior
2800 Cottage Way, Room E-1712
Sacramento, California 95825-1890
Counsel for Federal Defendants
IT IS SO ORDERED:

_______________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
Dated:

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